1. Acceptance of Terms
Ayee provides its services to you under the following Terms of Service (TOS). In addition, when using particular Ayee services, you shall be subject to additional conditions or rules applicable to such services. In such cases, you will be notified prior to using such Services. When you use Services from Ayee, you agree to the validity of these TOS. If you do choose not to accept these TOS, you may not use the Services of Ayee.


2. Description of Service
Ayee provides users with access to a rich collection of products (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "As-is" and that Ayee assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications between users.
In order to use the service, you must have a connection to the Internet as well as any and all technical devices, for example a computer and a mode or other technical device, and pay any associated fees associated therewith. Please be aware that Ayee has created certain areas on the Service with adult or mature content. You must be at least 18 years of age in order to access and view such areas.


3. Your Registration Obligations
In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Ayee has the right temporarily or permanently to delete your account and to refuse any and all current or future use of the Service (or any portion thereof).


4. Privacy Policy
Registration Data and certain other information about you are subject to our Privacy Policy.

5. Account, Password and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You are obliged to notify Ayee immediately of any unauthorized use of your password or account or any other breach of security. You must also ensure that you exit from your account at the end of each session. Ayee cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Fees and Terms of Payment
Current fees and charges can be viewed under the heading "Products". You agree to pay Ayee for Services according to the current and applicable schedule of fees. Fees can be changed and take effect at any time without prior notice. The Client is obligated to inform him/herself about any changes. Unless otherwise indicated, all prices are expressed in Euros. In the case that outstanding invoices are not paid, Ayee has the right to block the customer account as well customer galleries. Furthermore, you are responsible for any fees associated with the collection of past due charges.

All requests for refunds must be made in writing. Such requests must be made in writing within 30 days (after the charge is collected).

7. Use of Account by Third Parties/Minors
You agree that the Account Holder is fully responsible for all activities are performed from his/her account.
Please pay attention to the fact that the Services should appeal to a wide public audience. Therefore, they may contain material that is not suitable for minors. It is your responsibility therefore, as legal representative, to determine whether and if need be, which of the Services and/or Content is suitable for your child.

8. Member Responsibilities and Obligations
You understand that all information, data, text, photos, graphics, or other such material (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Ayee, are responsible for all Content that you upload, post or otherwise make available via the Service. Ayee does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ayee be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.

You agree to not use the Service to:
1. Upload or post any material that according to Ayee is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable;
2. Harm persons or animals in any way;
3. Impersonate any person or entity, for example an Ayee representative or in any other way as someone responsible for the Service or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. harass, threaten, libel, abuse, injure or cause any other type of harm to anyone, whether it is a person or corporation or group of persons
6. Collect or save personal data relating to another User or Users.

You acknowledge that Ayee may not pre-screen Content, but that Ayee and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. This is particularly valid for Content which violates the TOS or which is otherwise objectionable. You agree that you alone must evaluate and bear all the risks associated with the use of any Content, including reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge and agree, consent and agree, that Ayee may save content and/or forward it to third parties if required by law to do so or in a good faith belief that such measures are reasonably necessary to 1. comply with legal process; 2. enforce the TOS; 3. respond to claims that any content violates the rights of third parties; or 3. protect the rights, property or personal safety of Ayee, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, many involve: a. transmission over various networks and b. changes to conform and adapt to technical requirements of connecting networks or devices.

9. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the export of technical data.

10. Content submitted or Made Available for Inclusion on the Service
1. In relation to these TOS, publicly accessible areas refer to Services, which are accessible to the general public.
2. With respect to content, which consists of photos or graphics, you grant Ayee the royalty-free and non-exclusive right, to use such content (in whole or in part) world-wide, to reproduce, modify, to adapt and to publish. This license exists only as long as you wish to publish the content on the respective service and expires as soon as you remove the content from the service.
3. With respect to all other content which you submit or make available for inclusion on publicly accessible areas of the Service, you grant Ayee the perpetual, royalty free, irrevocable, non-exclusive and fully sublicensable right to use such content (in whole or in part) worldwide, to reproduce, to modify, to adapt, to publish, to translate, to distribute, to publicly perform and to publicly display, and to incorporate such content into other works in any format, medium or technology now known or later developed.
4. In the event that you yourself are not the owner of the rights to content, which you have submitted, you guarantee the owner of the content has agreed to the transfer of rights according to the above conditions.


11. Indemnity
You agree to indemnify and hold Ayee and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. General Practices Regarding Use and Storage
You agree that Ayee has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by the Service. You agree that Ayee has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Ayee reserves the right to modify these general practices and limits from time to time.

13. Modifications to Service
Ayee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ayee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination
You can at any time, for any reason, terminate your account. Upon doing so, Ayee will delete any stored data. You agree that Ayee, by its own judgement, has the right to delete your user password, your account (or a part of it) or otherwise end your use of the Service and delete the associated data. Cause for such termination may include an extended period of inactivity of the account or in the case that Ayee determines that these TOS have been breached or violated or that the basic ideas of these TOS have not been followed. You acknowledge that your access to the Service can be discontinued in accordance with the conditions of this agreement and that Ayee can immediately shut down or delete your account and all information and related data and/or prevent further access to such data or the Services. Furthermore, you agree that third parties cannot be held liable for the termination of access to the Services. In the event that your account is deleted under such conditions, you can access the Services again only after previous written permission from Ayee. Under no circumstances may you assist a user whose account has been deleted to gain access to the Service, either via your account or with the help of your account.

15. Advertising
Your communication or business relations with Providers or other third parties, which become know to you or are arranged within the bounds of the Services, specifically the payment and delivery of goods or services as well as the contractual regulations, guarantees or assurances in context of such business, take place exclusively between you and such a third party. Ayee is in no way responsible or liable for any loss or damages resulting from such business or from the presence of such providers in the Service.

16. Links
Ayee or other third parties may provide links to other World Wide Web sites or resources. Because Ayee has no control over such sites and resources, you acknowledge and agree that Ayee 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, on or available from such sites or resources. Ayee 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.

17. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content Contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ayee or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software in whole or part.

Ayee grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any other means then through the interface that is provided by Ayee for use in accessing the Service.


18. Disclaimer of Warranties
1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
2. Ayee makes no warranty that the service will meet your requirements, that the service will be uninterrupted, timely, secure or error-free. Ayee makes no guarantees concerning the results that may be obtained from using the Service will be accurate or reliable or that the quality of Products, services or information obtained through the Service will meet your expectations. Ayee also makes no guarantees that the hardware and/or software used for the Service will function error-free or that any errors in the hardware or software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other devices used for accessing the service and any loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from Ayee or from the Service shall create any warranty not expressly stated in the TOS.

19. Limitation of Liability
Ayee is not liable for the conduct of users or other third parties or for content or declarations made by users or other third parties within the context of the Services. Ayee is not liable for damages, which result from the use or inability to use the Service. In particular, Ayee is not liable for the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service. Ayee has no liability either to you or any other person for damages, which arise from a disruption, temporary interruption or termination of the Services. We expressly advise you that the Services may contain content, which is unsuitable for minors or is in other ways objectionable. Ayee is in no way liable for damages, which arise from access to such content or any other content.

Ayee's liability, in the event that such a case, despite the above conditions, arises from any legal basis, is limited in all cases to damages, which were caused by intentional or grossly negligent conduct or based on a violation of one of the fundamental obligations of the contractual relationship. For damages claiming negligent violation which are not based on fundamental contractual obligations or obligations in the framework of contractual negotiations, the liability for indirect and atypical consequential damages is excluded and limited to average damages typical to the contract. A possible mandated liability under the Product liability law remains unaffected.


20. Limit for Submitting Claims
Regardless of possible shorter legal deadlines, any legal claims in or out of context with the use of the Service or these conditions of use must be made within one (1) year after its occurrence, otherwise any rights to claims will be closed.


21. Notices
Ayee may provide you with notices, including those regarding changes to the TOS by email, regular mail, or postings on the service.

22. Copyright information
Ayee respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ayee's Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Ayee's agents for Notice of claims of copyright or other intellectual property infringement are: Ms A. Langel. They can be reached in the following ways:

Postal address

Ayee GmbH & Co. KG
Frentzenhofstr. 72
50354 Huerth
Germany

Telephone: +49 (0)2233 3948-81

Email:langel@ayee.net


23. Changes to these TOS
Ayee has the right to change or modify these TOS. You will be notified of any changes or modifications to these TOS. The changed or modified TOS will take effect the first time you use Services from Ayee after being notified by us.

24. General Regulations
1. The failure of Ayee to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or permission.
2. Please be aware that additional conditions may be applicable when you use the combined Services, Content or Software of third parties.

25. Applicable Law and Jurisdiction
These TOS together with the use of the Services are subject to German law with the exception of ????
For disputes related or not related to the use of the Services and/or these TOS, the courts located in Köln have exclusive jurisdiction in the event that you are a sales person or do not reside in Germany, you have relocated your residence or place of business abroad after accepting these TOS or when your place of residence or place of business at the time of the dispute is not known.


26. Violations
Please report any violations of the TOS to our Customer Care department. When you notice that contents of the Service violate this TOS, please send an email to our attention, with identity information of the person violating the regulations, together with the related content, cut and pasted into the email, to langel@ayee.de. Ayee does not guarantee that, based on any such email, any actions will be taken.

Thank you for your interest in Ayee.