TERMS OF USE
KUNOMAIL (Your email client)
Welcome to https://www.kunomail.com!
Please read
the following terms of use, which apply to all visitors to the website
https://www.kunomail.com (hereinafter referred to as the "website").
By using this Website, you impliedly agree
to these Terms of Use. The owner of the website reserves the right to change,
delete or add to the information on this website at any time without prior
notice.
§ 1
Scope of application
The following terms and conditions apply to the use of the
KuNoMAIL (Your Email Client) website (hereinafter referred to as the
"Website"). In order to use the website, it is important that you as
a user accept the following terms and conditions.
2. by using our website you agree to the terms of use of our
website. By agreeing, you warrant to us that you will not make any postings
that violate the Terms of Use.
3. the object of KuNoMAIL (your email client) is the following:
- Sale of an email software/program (KUNOMAIL).
- Sale of digital add-on products to the email software such as
stationery, skin packages, greeting cards, animated images & wizards and
much more.
§ 2
Contact details and legal information
If you have any questions regarding our website, you can reach us
at the following contact details:
David Kubitsch (Inspired Software)
Schönfließer Street 3
10439 Berlin
Germany
Phone: +49 (0)172 3117870
E-mail: contact@kunomail.com
Sales tax identification number: DE305584271
§ 3
Availability of the website
1 KuNoMAIL (your email client) has an availability of 24 hours a day.
However, there may be interruptions in availability due to maintenance required
for the system. Interruptions in availability may occur due to force majeure or
other causes beyond the control of KuNoMAIL (Your Email Client), such as intent
or gross negligence.
2. David Kubitsch (Inspired Software) points out:
- that it is technically impossible to provide the website free of
errors of any kind and that David Kubitsch (Inspired Software) therefore
accepts no responsibility for them,
- that errors may lead to the temporary shutdown of the website,
- that the availability of these web pages is dependent on
conditions and performance outside the control of David Kubitsch (Inspired
Software), such as transmission capacities and telephone connections between the
individual parties. We are not responsible for any disruptions falling into
this area.
§ 4
Discussion forums
Insofar as David Kubitsch (Inspired Software) offers discussion
forums temporarily or permanently on its web pages, participants in the discussion
forums are expected to observe the usual rules of communication such as mutual
respect. Visitors may not disseminate or publish any offensive, possibly
derogatory, foul, indecent, defamatory or obscene material or material that
infringes the intellectual property rights of third parties.
§ 5
Electronic communication
When you use a KuNoMAIL service (your email client) or send
emails, text messages or other communications to us from your computer or
mobile device, you are communicating with us electronically. We will
communicate with you electronically in a variety of ways, including via email,
text messages, or by posting electronic messages or other communications on our
website or as part of other KuNoMAIL (Your Email Client) services. For
contractual purposes, you agree to receive electronic communications from us
and that all consents, notices, disclosures and other communications that we
communicate to you electronically do not, to that extent, require a written
form unless mandatory applicable law requires a different form of
communication.
§ 6
Copyright and database rights
All content included in or provided through any KuNoMAIL (Your
Email Client) service, such as text, graphics, logos, button icons, images,
audio clips, digital downloads and data compilations, is the property of
KuNoMAIL (Your Email Client) or third parties supplying content or making it
available on the website and is protected by German copyright and database
right laws. 2.
2. the entirety of the content included in or provided by any
KuNoMAIL (Your Email Client) service is also the exclusive property of KuNoMAIL
(Your Email Client) and is protected by German copyright and database right
laws.
3. you may not systematically extract and/or re-utilise parts of
any KuNoMAIL (Dein Emailclient) service without our express written consent.
In
particular, you may not utilise any data mining, robots, or similar data
gathering and extraction tools to extract (whether once or many times) for
re-utilisation of any substantial parts of any KuNoMAIL (Dein Emailclient)
service without https://www.kunomail.com's express written consent. You may
also not create and/or publish your own database containing substantial parts
of any service of KuNoMAIL (Your Email Client) without the express written consent
of https://www.kunomail.com.
§ 7
Patents
All patents registered on KuNoMAIL (Your Email Client) are also
applicable to all services and other products of KuNoMAIL (Your Email Client).
It may happen that the respective patents are operated under one or more
patents.
§ 8
Your account
1. access to some services of the website, requires the creation
of an account.
2. the creation of an account is only
allowed to persons of full legal capacity, to whom the registration form on the
website https://www.kunomail.com is made available.
3. the user undertakes not to provide false personal information.
Furthermore, the user undertakes to check his or her details regularly in order
to ensure that they are correct.
4. if you use any KuNoMAIL service (your email client), you are
responsible for ensuring the confidentiality of your account, password and for
restricting access to your computer and mobile devices. To the extent permitted
under applicable law, you agree to be responsible for all activities that occur
through your account or password. You should take all necessary steps to ensure
that your password is kept secret and secure and you should inform us
immediately if you have any reason to be concerned that a third party has
gained knowledge of your password or that the password is being, or is likely
to be, used in an unauthorised manner. You are responsible for ensuring that
the information you provide to us is accurate and complete and for notifying us
of any changes in respect of the information you provide. You can view and
update some of the information you have given us on our website.
5. users may change their username and password at any time.
6. you may not use any KuNoMAIL (Your Email Client) service in a
manner that is likely to interrupt, damage or otherwise impair KuNoMAIL (Your
Email Client) services or access.
7. you must not use KuNoMAIL (Your Email Client) services for
fraudulent or in connection with a criminal offence, unlawful activity,
harassment or inconvenience.
8. we reserve the right to withhold services from you on the
website or to close member accounts. This applies in particular in the event
that you violate applicable law, contractual agreements or our policies.
9. users of this website can delete their account at any time by
sending a corresponding message via the contact form. The user's account will
be deleted after the user has completed and submitted the form. The period of
deletion of the account from our website is 21 days.
§ 9
Claims arising from intellectual property
rights
KuNoMAIL (your email client) respects the intellectual property
rights of others.
If you believe that your intellectual property rights
have been used in a way that gives you reason to fear infringement, please
follow our procedure for notifying https://www.kunomail.com of an infringement.
§ 10
Liability
We will always endeavour to ensure that the services of KuNoMAIL
(your email client) are available without interruption and that transmissions
are error-free. However, due to the nature of the internet, this cannot be
guaranteed. Also, your access to KuNoMAIL (Your Email Client) services may
occasionally be interrupted or limited to allow for repairs, maintenance or the
introduction of new facilities. We will try to limit the frequency and duration
of any such temporary interruptions or restrictions.
2 KuNoMAIL (Your Email Client) shall be liable without limitation
to the extent that the damage is caused by a wilful or grossly negligent breach
of duty by KuNoMAIL (Your Email Client) or a legal representative or agent of
KuNoMAIL (Your Email Client).
Furthermore, KuNoMAIL (Your Email Client) is liable for the
slightly negligent breach of essential obligations. Essential obligations are
obligations whose breach endangers the achievement of the purpose of the
contract or whose fulfilment enables the proper execution of the contract in
the first place and on whose compliance you regularly rely.
In this
case, however, KuNoMAIL (Your Emailclient) is only liable for the foreseeable,
contract-typical damage. KuNoMAIL (Your Emailclient) is not liable for the
slightly negligent breach of obligations other than those mentioned in the
preceding sentences.
The above limitations of liability do not apply in the event of
injury to life, limb or health, for a defect following the assumption of a
guarantee for the quality of the product and in the event of fraudulently
concealed defects. Liability under the Product Liability Act remains
unaffected. 5.
5. as far as the liability of KuNoMAIL (Your Emailclient) is
excluded or limited, this also applies to the personal liability of employees,
representatives and vicarious agents.
§ 11
Links to other websites
1. for links which are not operated by David Kubitsch (Inspired
Software) and are located on their website, we have no possibility to control
the content of this website, as it is completely independent from us.
For this reason, we do not accept any responsibility for the
content of these websites and the consequences of their use by visitors to
them. All websites accessed via links are accessed at the user's own risk. No
special notice is given when users leave the website. However, we ask you to
inform us immediately of any illegal or dubious content on the linked website.
3. other websites may have a link to the websites of David
Kubitsch (Inspired Software). Such a link requires our prior consent.
§ 12
Data protection
It may happen that data and information of visitors and users
(date, time, accessed page) about the access are stored on the server. We point
out that - without consent - no personal data (e.g. name, address or email
address) will be stored.
If personal data is collected, we undertake to obtain the prior
consent of the user of the website. We undertake not to pass on any data to
third parties unless the visitor or user consents in advance. 3.
We would like to point out that the transmission of data on the Internet
(e.g. by e-mail) can have security gaps. Accordingly, an error-free and
trouble-free protection of third party data cannot be completely guaranteed.
Our liability in this respect is excluded.
Third parties are not entitled to use contact data for commercial
activities. 5.
5. the user has the right to information. You have the right to
receive complete and free information from us at any time about the data
concerning you. 6.
Furthermore, the user has the right to correction/deletion of
data/restriction of processing. 7.
7 Further details are provided separately in the privacy policy.
§ 13
Cookies
(1) In order to display the product range, we may use cookies.
Cookies are small text files that are stored locally in the cache of the site
visitor's internet browser. 2.
Numerous Internet pages and servers use cookies. Many cookies
contain a so-called cookie ID. A cookie ID is a unique identifier of the
cookie. It consists of a string of characters by which Internet pages and
servers can be assigned to the specific Internet browser in which the cookie
was stored. This enables the visited Internet pages and servers to distinguish
the individual browser of the data subject from other Internet browsers that
contain other cookies. A specific internet browser can be recognised and
identified via the unique cookie ID. 3.
3. through the use of cookies, the users of this website can
provide more user-friendly services that would not be possible without the
cookie setting.
We would like to point out that some of these cookies are
transferred from our server to your computer system, whereby these are mostly
so-called session-related cookies. Session-related cookies are characterised by
the fact that they are automatically deleted from your hard drive at the end of
the browser session. Other cookies remain on your computer system and enable us
to recognise your computer system on your next visit (so-called permanent
cookies). 5.
You can object to the storage of cookies by clicking on a banner
that you can use to object to/accept cookies.
6. you can, of course, set your browser so that no cookies are
stored on your hard drive or so that cookies that have already been stored are
deleted again. The instructions regarding the prevention and deletion of
cookies can be found in the help function of your browser or software
manufacturer.
§ 14
Changes to the terms of use
We reserve the right to make changes to KuNoMAIL (Your Email
Client) services, rules, terms and conditions including these Terms of Use at
any time. You will be subject to the Terms of Service, Terms of Agreement and
Terms of Use in effect at the time you use KuNoMAIL (Your Email Client)
services. If any of these terms are held invalid, void or for any reason
unenforceable, that provision shall be deemed severable and shall not affect
the validity and enforceability of any remaining provisions.
§ 15
No Waiver
If you breach these Terms of Use and we do nothing about it, we will
still be entitled to exercise our rights on any other occasion on which you
breach these Terms of Use.
§ 16
Jurisdiction and applicable law
(1) Any disputes arising out of or in connection with this
contract shall be governed exclusively by the laws of the Federal Republic of
Germany, excluding the UN Convention on Contracts for the International Sale of
Goods.
The sole place of jurisdiction for orders placed by merchants,
legal entities under public law or special funds under public law is the registered
office of the provider.
§ 17
Final provisions
1. The contractual language is
German.
2. if you violate these general terms and conditions of use and we
do nothing about it, we are still entitled to exercise our rights on any other
occasion on which you violate these terms and conditions of use.
We reserve the right to make changes to our website, policies,
terms and conditions, including these Terms of Use, at any time. If any
provision of these Terms of Use is found to be invalid, void or for any reason
unenforceable, then that provision shall be deemed severable and shall not
affect the validity and enforceability of any remaining provisions.
4. the invalidity of any provision shall not affect the validity
of the other provisions under the contract. Should this occur, the provision
shall be replaced by another legally permissible provision in accordance with
its meaning and purpose, which corresponds to the meaning and purpose of the
invalid provision.