Terms & Conditions using bookmarks.ag and bookmarks.mobi

Preamble

The following Standard Terms of Use shall apply to the relationship between APONDOS Ltd. London, as the provider of the Internet service "Mobile Bookmarks" (hereinafter referred to as Mobile Bookmarks) and registered users (hereinafter referred to as “the user”) and shall apply to all web offerings of Mobile Bookmarks and to the services offered on the associated sub-pages and additional pages.

§ 1 Description of the Mobile Bookmarks Service

1.1 Mobile Bookmarks makes an online platform available to Internet users who wish to save and manage their interesting websites, links, and text content in a personal account. At Mobile Bookmarks the websites that are evaluated as being particularly good are those which are saved as favourites by a large number of users. Users not only have access to their own saved content but also to the content saved and managed by other users. Every user can decide whether to save a website for him or herself or publicly for other users. Mobile Bookmarks makes it possible to manage, organize, schedule and exchange such websites with other users, to evaluate them, and also to provide them with personal comments.
1.1 Mobile Bookmarks reserves the right to change its website as and when required.
1.2 If a user does not consent to the amended Terms of Use, he can terminate his Mobile Bookmarks membership by cancellation or serving notice. The user is committed to abide by the amended Terms of Use if he continues to use the Mobile Bookmarks website after one month following announcement of the amendments.
1.3 Mobile Bookmarks also reserves the right to delete or privatize members' names and user accounts, schedules, keyword -tags, URLs, and all other saved data if they:

• When user don’t place a back link on his website within 14 working days to bookmarks.mobi or bookmarks.ag
• have content that is criminally relevant in any way or violate legal regulations
• have racist, sexist, insulting, slanderous, inciting, religiously injurious, or threatening content
• may be regarded as spam 
• improperly use the name of a natural person or legal entity or any other legally protected names
• misuse the function for sending messages to other users for the purpose of distributing spam, advertising, or bulk messages.

§ 2 Registration of users

2.1 Part of the Mobile Bookmarks platform is accessible without registration as a user. However, in order to save and manage personal content on the Mobile Bookmarks platform it is necessary to register as a user.
2.2 A contract concerning use of the Mobile Bookmarks website comes into being upon submission of registration after prior acceptance of the present Terms and Conditions.
2.3 The User can cancel his registration with Mobile Bookmarks at any time in text form by email without having to state reasons. Cancellation must be sent to APONDOS. See contact information at www.apondos.net. Also is possible to use the contact form at www.bookmarks.ag or www.bookmarks.mobi.

§ 3 Other Rights and Duties

3.1 When Mobile Bookmarks services are being used, general laws must be observed. In particular, users are not allowed to use the Mobile Bookmarks website

• in order to disseminate material that is either illegal or in any other way defamatory or offensive
• in order to threaten or harass third parties or to violate third-party rights (especially the general right of personal privacy, copyrights and any other rights involving industrial rights protection)
• in order to upload to the Mobile Bookmarks website any data that is either infected or harmful in any other way
• in order to make incorrect or erroneous entries concerning their person upon registration, especially registering with a false identity.

3.2 Notwithstanding any consequences in common law and/or criminal law, non-observance of the above code of conduct shall entitle Mobile Bookmarks to terminate the relevant user's access without notice and to permanently exclude the same from use for the future, or to privatize him. The method of sanctioning is at Mobile Bookmarks's discretion.
3.3 Registered users shall be entitled to use all Mobile Bookmarks services in full within the scope of these Terms of Use.

§ 4 Mobile Bookmarks's Rights

4.1 Mobile Bookmarks shall be entitled, in response to such a request, to surrender the data saved by the user in the event of any criminally relevant actions on the part of the user (especially such concerning pornographic or anti-alien content) and any other common-law violations, especially with respect to trademark law, competition law or copyright law concerning third parties (e.g. criminal prosecution authorities, parties involved or injured directly or indirectly).
4.2 Mobile Bookmarks is not obliged to make its website available at all times or to ensure that it can be used without errors. This particularly applies if access to the Mobile Bookmarks website is affected by disruptions that are beyond the influence of Mobile Bookmarks. Furthermore, Mobile Bookmarks shall be entitled, at all times and without prior notice, to temporarily completely discontinue or restrict the availability of its website for maintenance or modernization work.
4.3 Mobile Bookmarks shall be entitled but not obliged to check the user's bookmarks, links and any other content (hereinafter referred to as "content") with regard to compliance with general laws and these Terms of Use and to delete such content at its own discretion if a violation is revealed.

§ 5 Guarantee and Liability

5.1 Mobile Bookmarks gives no guarantee for content provided by users and in particular it is not obliged to check such content for legal violations.
5.2 Mobile Bookmarks does not give any guarantee that the website made available by it is available at all times without any errors or that it is suitable for certain purpose. This particularly applies if access to the Mobile Bookmarks website is affected or unavailable on account of disruptions, the cause of which is beyond the influence of Mobile Bookmarks.
5.3 Mobile Bookmarks is liable

• for any damage caused by harm to the body, life or health that is due to wilful intent or negligent violation of duties on the part of Mobile Bookmarks, a legal representative of Mobile Bookmarks, or a universal agent of Mobile Bookmarks;
• for any damage that is covered by liability under the German Product Liability Act;
• for any other damage that is due to wilful or grossly negligent violation of duties on the part of Mobile Bookmarks, a legal representative, or a universal agent of Mobile Bookmarks;
• for any damage that is caused by simple negligence on the part of Mobile Bookmarks, inasmuch as the negligence involves violation of material contractual duties (cardinal duties). Cardinal duties are such duties as the contract has to grant the contracting party according to the spirit and meaning of the contract, or ones whose fulfilment enables proper performance of the contract and on compliance of which the contracting party may rely. In such cases, however, the liability of Mobile Bookmarks shall be restricted to damage that is typically associated with the contract and is foreseeable.

5.4 The provision in § 5.3 covers all contractual and legal claims that result from these Terms of Use and use of the service provided by Mobile Bookmarks. In all other cases Mobile Bookmarks explicitly accepts no liability. This particularly applies to any loss of data that has not been caused by wilful intent on the part of Mobile Bookmarks and its employees.

§ 6 Privacy

Mobile Bookmarks respects the privacy of its users. Mobile Bookmarks treats the personal data of its users confidentially and only makes such data available to third parties if this conforms to applicable law or the user has consented to data being passed on. Details concerning data protection at Mobile Bookmarks are contained in the Privacy Regulations.

§ 7 Terms of Contract and Termination

7.1 Mobile Bookmarks is also entitled to cancel membership at any time for a good reason. A good reason in particular is if the user has violated these Terms of Use or applicable law.
7.2 The contract of use is concluded for an unlimited period of time.
7.3 Either party may terminate this contract at any time without having to state reasons.

§ 8 Anti-Spam Guidelines

According to § 1 / 5 Mobile Bookmarks reserves the right, in the case of spamming, to perform permanent privatization (or deletion) of an account, a URL or a whole domain set on a blacklist; these will then no longer appear publicly on the Mobile Bookmarks website.
Spam is defined by Mobile Bookmarks as follows:

• Saving pure affiliate links or partner links
• Made for Google AdSense websites which only serve the purpose of presenting AdSense, banners and affiliate links and do not have far-reaching personal content

• Use of a number of accounts in order to manipulate the popularity of a website
• “Get rich quick websites” ('Get rich with only 5 minutes of work a day')
• Saving websites under construction and domain sale offers
• Saving an usually large number of bookmarks pointing to just one domain
• Unsuitable and/or erroneous descriptions of bookmarks that are not associated with the website proper
• Misuse in order to develop link popularity
• Links to pornographic, right-wing extremist, gaming, drugs, violence-glorifying, illegal, morally objectionable and/or unreasonable content
• Links to illegal dialer sites, phishing sites or sites with other damaging content
• Use of advertising in the description of the bookmarks  
• Automatically redirecting websites and websites that open a large number of advertising windows
• Saved bookmarks for only advertising purposes

§ 9 Referals and Links

Mobile Bookmarks has no influence whatsoever on the current or future design, content, or authorship of the linked sites. For this reason Mobile Bookmarks explicitly dissociates itself from all content on all linked sites. This shall apply to all links and references placed on its own website and to any third-party entries. With regard to any illegal, erroneous or incomplete content, and particularly any damage or loss that may result from use or any information not disclosed in such a way, liability is held solely by the owner of the site to which the linked pointed, and not the party that merely points to the respective publication in links.

§ 10 Copyright and Distinctive Mark Law

All brand names and trademarks indicated on the website and possibly protected by third parties are entirely subject to the provisions of distinctive mark law as amended and the property rights of the various registered owners. On the basis of a mere naming it is not possible to infer that brand names are not protected by third-party rights!
In all publications Mobile Bookmarks endeavours to observe the copyrights of the pictures, graphics, sound documents, video sequences, and texts used, to use pictures, graphics, sound documents, video sequences, and texts created by Mobile Bookmarks itself, or to resort to license-free graphics, sound documents, video sequences, and texts.
The copyright for published items created by Mobile Bookmarks itself remains solely with Mobile Bookmarks. Duplication and use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without Mobile Bookmarks's explicit consent.

§ 11 Mobile Bookmarks Newsletter

Mobile Bookmarks issues to registered users a regular newsletter containing statistical data (e.g. the number of the user's bookmarks saved throughout a week, etc.) and current website tips. Subscriptions to the newsletter can be cancelled at any time by accessing the menu item "My Bookmarks" in the member area. By accepting these Standard Terms and Conditions the user consents to the mailing of the newsletter to the email address indicated by him until it is cancelled.

§ 12 Final Provisions

12.1 Merchants, public law entities and special public corporations shall be subject to the jurisdiction of London courts.
12.2 In the event of disputes in connection with the Mobile Bookmarks website British law shall apply and the UN Convention on Contracts for the International Sale of Goods shall not apply.
12.3 If individual clauses of these Terms of Use should be or become entirely or partially invalid, this shall not affect the validity of the other Terms of Use. If any provision should be invalid, a provision shall apply that commercially comes as close as possible to the spirit and meaning of the invalid provision.

London, December 2008