• Marc
  • Selena
  • thomas
  • Anna
  • Kirsten
  • Melissa
  • Steffi
  • Sammy
  • Antonia
  • Larissa
  • Moni
Login
Email:
Password:
TERMS OF USE

Date of Last Revision: December 20, 2010.

Welcome to Kiwiworld, a picture voting community that connects people around the World. Kiwiworld is a service operated by Netreality.de and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at the User (you) signify that you have read, understand and agree to be bound by these Terms of Use (Agreement), whether or not you are a registered member of Netreality. We reserve the right to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree these or any future Terms of Use, do not use or access (or continue to use or access) this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for users who are fourteen (14) years of age or older. Any registration by, use of or access to the Site by anyone under 14 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 14 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data, Account Security

In consideration of your use of the Site, you agree to

  • provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data")
  • maintain the security of your password and identification
  • maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete
  • be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights
a) Code and Content
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
You agree that all the intellectual property of the Netreality platform, other than the Code and Content you provide, are owned by the company or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:

  • Modify, distribute, or create derivative works based of the KiwiWolrd platform
  • Run, rent, lease, loan, or sell access to the Netreality platform
  • Decompile, reverse engineer, or copy the Netreality platform
  • Reproduce or distribute any Private Content or Private Code outside the platform

b) Trademarks
Netreality, the platform and other related graphics, our logo and sub-logos, Netreality marks, and trade names used on the Netreality platform are the trademarks of Netreality and may not be used without permission. Other trademarks, Netreality platform marks, and trade names that may appear on Netreality are the property of their respective owners.

User Conduct
The service and the site are for your personal and non comercial use only, excepting advertising programs and services offered by us.
You are not allowed to publish, share or post materials of any kind which violate or infringe upon the rights of any third party, including copyright, privacy, publicity or other personal or proprietary right or containing libelous, defamatory or otherwise unlawful material.

You are also agree not to use the site or the service to

  • post, share, transmit, upload, store or publish any content that seems to be threatening, unlawful, defamatory, infrimging, abusive, inflammatory, harassing, vulgar, racially, ethnically or otherwise objectionable
  • collect or harvest email addresser and other contact informations of other users from the site
  • register for more than one account, an account for an third person or a group or entity
  • advertise for any kind, spam, sending 'chain letters' and 'pyramid schemes' or any other form of solicitation
  • upload any videos or images not of personal nature
  • use any automatic scripts to interact with others or to gain informations from the site
  • use the service or the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site
  • to publish, post or share any informations about third partys you are not allowed to
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes
  • publish, post, upload any software, codes or material which includes viruses, can interrupt, destroy or limit the functionality of any soft- and hardware or telecommunications equipment
  • harass or intimidate others
  • use the site with an account not yours

Content from User posted on the site
You are responsible for all the content (photos, notes, names, images, messages, music, informations, and so on) posted, uploaded or published through the site. You are not allowed to post or publish any content not relating to you or for which one you don't have the permission. With your registration you agree and understand that the company may review the site and may delete or remove any content without informing you. We are allowed to make copies in order to facilitate the posting and storage of the user-content on the site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You can remove at any time your content from the site. With removing the content the license above will automatically expire, however you acknowledge that the company may retain archived copies of your user content

Copyright
If any copyright policys are violated by an user of this site, please contact us and we will delete this content. Be aware that uploading, posting or publishing any content violating the right's of third partys is forbidden.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Privacy
We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in Germany.

User Disputes
You are solely responsible for your interactions with other community users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers
YOUR USE OF THE NETREALITY PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE NETREALITY PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETREALITY AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER NETREALITY NOR ANY USER MAKES ANY WARRANTY THAT THE NETREALITY PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability
YOU AGREE THAT NETREALITY SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NETREALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE NETREALITY PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE NETREALITY PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $1000 AND (ii) THE TOTAL AMOUNTS PAID TO NETREALITY BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

Deactivating Your Account
You may deactivate your Netreality account at any time, for any reason, by following the instructions on Netreality.
Netreality has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Netreality Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason. For deactivating send a eMail to support@netreality.de

Indemnity
You agree to indemnify, defend, and hold harmless Netreality, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

  • any Code or Content you submit, post, transmit, or make available through the Netreality Platform;
  • your use or misuse of the Netreality Platform;
  • your connection to the Netreality Platform;
  • your violation of these Terms; or
  • your violation of any rights (including intellectual property rights) of a third party.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

General
The failure of Netreality to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your Netreality account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.

Contact
If you have any questions, feedback or problems feel free to contact us at: support@netreality.de