Terms of Use

1. Right of use

Unless otherwise agreed in individual cases, we grant you a limited, non-exclusive and non-assignable right to access, use and display on your screen this website and its contents under the conditions laid out in these Terms of Use. Using the website for commercial purposes, especially in order to post commercial advertising, is forbidden.

We reserve the right to limit or terminate your use of the website at our own discretion and without notice, unless we have contractually agreed otherwise with you. If you violate these Terms of Use or are found to have provided us with false, imprecise or incomplete information about your person, or we have a justified suspicion that you have provided us with false, imprecise or incomplete information about your person, we are also authorised to deactivate or delete your password, user account and the entire content of your user account with immediate effect, and to block futher access to personalised services.

2. Liability

New Yorker will do everything appropriate to make sure that the information on the website is correct and up-to-date. However, we cannot guarantee or promise that it actually is correct and/or up-to-date. Please also note that we cannot be held liable for the consequences of our website being unavailable. For this reason we reserve the right to modify or withdraw content and services at any time, unless contractually agreed otherwise. We therefore take no responsibility for the availability or otherwise of our website and assume no liability, when we are not at fault, either for the website being unavailable or for loss of data.

Where this website contains links to websites provided by third parties, we do not adopt the third party content as our own and are not able to subject other companies’ websites to continuous monitoring. The sole purpose of such links is to serve as a pointer to you. Neither are we responsible for the availability of linked sites. New Yorker is not obliged by law to monitor information that is transmitted or saved, or to look out for indications of illegal activity (§ 7 German Telemedia Act (TMG)).

Where we offer you the opportunity to participate in interactive services, responsibility for the content you provide lies with you.

We assume unlimited liability on the merits for intent and gross negligence. In cases of ordinary negligence, however, we are liable only when a material contractual obligation has been breached, and our liability is limited to foreseeable and contractually anticipated damage.

We are not liable for consequential damage, and specifically not for loss of earnings or immaterial damage. Furthermore, we assume no liability for loss of data or for other damage to your hardware or software attributable to downloading material from the website.
The above limitations of liability do not apply in cases of death, injury or impaired health in which we are at fault or to claims under the Product Liability Act.

The above limitations of liability apply analogously to New Yorker’s staff, legal representatives and subcontractors.

The user is liable for all the losses incurred by New Yorker either as a result of the website being used in an improper or illegal manner or as a result of your culpable failure to fulfill your contractual obligations.

3. Website rules (binding netiquette)

Wherever we require you, so as to be able to offer personalised services, to provide information about your person – in particular first name, surname, address, telephone number and e-mail address – you are obliged to ensure that the information you provide is truthful, correct and complete. We also ask you to update your personal details on a regular basis.

The rights to use our website and our services apply to you alone. The rights and obligations that arise from the Terms of Use are not transferable to third parties, either in full or in part. If you take part in forums, blogs and other interactive services, it is forbidden to allow third parties to access your user account and password. Your user account and password entitle only you personally to use the services in question.

As a user of interactive services it is your duty to keep your password and other information relating to your user account secret. If unauthorised use has been made of your user account, inform us immediately by post or by sending an e-mail to info-datenschutz@newyorker.de. Even in this case, however, you remain responsible for any unauthorised use made of the website. In case of doubt, all the statements made using your password or other user account information are liable to be held against you.

Material that contains damaging content (in particular malicious code) and other programmes that could jeopardise or disrupt the proper functioning of software or hardware may not be uploaded to the website. The content you upload while participating in interactive services must be filtered by an up-to-date antivirus programme.

Illegal or immoral content or remarks, especially those that incite racial hatred, glorify or trivialise violence, glorify war, are pornographic or sexually offensive, or are clearly of a nature that could put children or young people at risk may not be uploaded, disseminated or made accessible. Neither it is permitted to indicate where such content can be found.

Acts that breach the security of the system or network or that are intended to do so, such as obtaining unauthorised access, planting malicious code or making it possible for others to obtain unauthorised access, are prohibited.

4. Authorship

The website is protected by copyright. This applies in particular to texts, pictures, photos, illustrations, graphics, designs, audio, video or animation files and the way in which they are arranged on the various web pages. The web pages (or elements thereof) may (in full or in part) be amended, duplicated, disseminated, forwarded to others or exploited in other ways via electronic media (including Internet) or conventional publications only with our prior consent. Consent to publish the website can be obtained from our editorial department (Legal). Furthermore, pictures, graphics, texts and other files may be protected in whole or in part by third-party copyrights.

Content and downloadable material may be copied or downloaded only for personal use. Copying or downloading material does not afford the user any rights whatsoever to the material in question. It is not permitted to reproduce, publish, pass on to others, transmit, market, report, modify, sell or use for public or commercial purposes the content of the website in whole or in part.
All brand marks and trademarks mentioned on the website are subject without limitation to applicable trademark law. Just because the marks are mentioned on our website does not mean that they are not protected by third-party rights.

Use of the website does not confer, either explicitly, implicitly or otherwise, a licence or right to use intellectual property rights pertaining to material that appears on this website. Any form of illegal use of the website is expressly prohibited.

You can, of course, print out copies of the content of the website for your own personal use. You may also download content to your hard drive, as long as it is for your personal use only. In no event may copyright notices and brand names be amended or removed.

You consent to our acquiring the ownership of all the material you upload to the website on your own initiative or upon request, or that you send to us in other ways, e.g. by e-mail. Unless personal data are involved or we have entered into a non-disclosure agreement with you, we are not obliged to treat this material confidentially. You grant us, free of charge and in perpetuity, the irrevocable, assignable and exclusive right to exploit and use the material you upload to the website. Above all we are entitled, worldwide, to reproduce, publish, pass on to others, transmit, market, modify and sell this material, and to otherwise use the content or parts of the content for public or commercial purposes, and to incorporate it into other works of all kinds regardless of the form, media and technology used.

5. Miscellaneous

These Terms of Use are governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Should any provision of these Terms of Use be or become invalid or contradict statutory provisions, the validity of the remaining terms of use will remain hereby unaffected. The invalid provision will be replaced by a provision agreed upon by the parties that achieves as closely as possible the economic purpose of the invalid provision in a legally effective manner. The same shall apply analogously to loopholes in the Terms.

Together with the special terms for personalised services, the Privacy Policy and any other rules governing interactive services, these Terms of Use constitute the entirety of the agreement between you and New Yorker.