General Terms
m-tech1 reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use without notice. It is your responsibility to check these Terms of Use regularly for changes. Your continued use of the Site following the posting of changes will indicate your acceptance of and agreement to the changes. Subject to your compliance with these Terms of Use, m-tech1 grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site. These Terms of Use apply to the m-tech1 website located at x-smile.com, and all associated pages linked to x-smile.com by m-tech1, its subsidiaries or affiliates, including x-mile pages around the world (collectively, the Site). The Site is owned by m-tech1 GmbH and its licensors. By using this Site, you agree to these terms of use; if you do not agree, do not use the Site.
You may not use any automatic device, program, methodology or algorithm or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or reproduce or in any way circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. m-tech1 reserves the right to prevent any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any m-tech1 server, or to any of the services offered on or through the Site, through hacking, password mining or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach security or authentication measures on the Site or any network connected to the Site. You may not search, track or attempt to track any information about any other user of or visitor to the Site, or any other m-tech1 customer, including any m-tech1 account not owned by you, at its source, or exploit the Site or any service or information made available or offered by or through the Site, in any manner where the purpose is to reveal any information, including but not limited to personal information or identification other than your own information as provided by the Site. You agree that you will not take any action that imposes an unreasonable or unreasonably large load on the infrastructure of the Site or m-tech1's systems or networks, or any systems or networks connected to the Site or to m-tech1. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate the identifier so as to obscure the origin of any message or transmission sent to m-tech1 on or through the Site or any service offered on or through the Site. You may not impersonate or represent another person or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of m-tech1 or others.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, graphics and computer code (collectively "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to m-tech1 and is protected by trade dress, copyright, patent and other trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly stated in these Terms of Use, you may not copy, reproduce, republish, post, publish, publicly display, encode, translate, transmit or otherwise distribute any portion of the Site or Content to any other computer, server, web page or any other medium for publication or distribution or for any commercial purpose, without the express written permission of m-tech1
You may use information about m-tech1 products and services (such as data sheets, knowledge base articles and similar materials) purposely made available by m-tech1 for downloading from the Site, provided that (1) you do not remove any proprietary notices on all copies of such documents, (2) you use such information solely for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or transmit it in any medium, (3) you do not make any changes to the information, and (4) you do not make any additional representations or warranties related to such documents.
Additional terms and conditions may apply to purchases of goods or services and to specific parts or features of the Site, including contests, promotions or other similar features, the terms of which are incorporated into these Terms of Use by this reference. You agree to abide by such terms and conditions, including where applicable, representing that you are of legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or any service offered on or through the Site, the latter terms will govern your use of that specific portion of the Site or service.
m-tech1's obligations, if any, with respect to its products and services are governed solely by the agreements for which they are provided, and nothing on this Site should be used to alter such agreements.
m-tech1 may make changes to any products or services offered on the Site, or to applicable prices for such products or services, at any time without notice. The materials on the Site relating to products and services may be out of date, and m-tech1 makes no commitment to update the materials.
Accounts, Passwords and Security Certain features or services offered on or through the Site may require you to open an account (including setting up an m-tech1 ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify m-tech1 immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by m-tech1 or any other user of or visitor to the Site due to the use of your m-tech1 ID, password or account by a third party.
You may not use the m-tech1 ID, password or account of any third party without the express permission and consent of the holder of that m-tech1 ID, password or account. m-tech1 cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
This Page may contain hyperlinks to other independent third party pages (Linked Pages). These Linked Sites are provided solely as a convenience to our visitors. The Linked Sites are not under the control of m-tech1, and m-tech1 is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained in such Linked Sites. You should exercise your own independent judgment regarding your interaction with these Linked Sites.
Except as prohibited by law, in no event shall m-tech1 be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if m-tech1 has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, m-tech1 is found liable for any damages or losses arising out of or in any way connected with your use of the Site or any Content, m-tech1's liability shall in no event exceed (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim brought against m-tech1 (but not including the purchase price of any m-tech1 products or services), or (2) EUR 50.00. Some jurisdictions do not allow limitations of liability, so the above limitation may not apply to you.
You agree to indemnify and hold m-tech1, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates harmless from any demands, losses, claims or expenses (including reasonable attorneys' fees), made against m-tech1 by any third party due to or arising out of or in connection with your use of the Site.
m-tech1 may disclose any information in its possession about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) m-tech1's rights or property, or the rights or property of visitors to or users of the Site, including m-tech1 customers . m-tech1 always reserves the right to disclose any information that m-tech1 deems necessary to comply with any applicable law, regulation, legal process or governmental request. m-tech1 may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies or organizations for fraud protection reasons.
You acknowledge and agree that m-tech1 may preserve any transmission or communication from you to m-tech1 through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if m-tech1 determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that such data violates the rights of others, or (4) protect the rights, property, or personal safety of m-tech1, its employees, users of or visitors to the Site, and the public.
You agree that m-tech1 may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You further agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to m-tech1 for which monetary damages would be appropriate and you consent to m-tech1 obtaining any mandatory or equitable remedies that m-tech1 deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies m-tech1 may have at law or equity.
You agree that m-tech1 may, in its sole discretion and without prior notice, terminate your access to the Site for cause, which includes (but is not limited to) (1) requests by law enforcement or other governmental agencies, (2) a request made by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
In the event m-tech1 does not pursue any legal action against you arising from your violation of these terms of use, m-tech1 shall be entitled to recover, and you agree to pay, all costs of such action, including attorneys' fees, in addition to any other relief granted to m-tech1. You agree that m-tech1 shall have no liability to you or any third party due to termination of your access to the Site arising from any breach of these Terms of Use.
You agree that all matters relating to your access to the Site, including all disputes, shall be governed by the laws of Germany, without regard to its conflict of laws provisions. You consent to personal jurisdiction and venue in the courts of the District of Cologne, Germany, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be filed within one (1) year after the cause of action arises, or such claim or cause of action will be barred. No recovery for damages other than expenses due shall be demanded or received, except where the relevant party is entitled to costs and expenses of counsel. In the event of a controversy or dispute between m-tech1 and you are arising out of or relating to your use of the Site, the parties shall attempt promptly and in good faith to resolve any such dispute. If we are unable to resolve such dispute within a reasonable period of time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available under applicable law.
m-tech1 administers and operates the m-tech1.com website from its locations in Germany and Portugal; other m-tech1 Sites may be administered and operated from various locations outside of Germany. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site might be available in all geographic locations, or are appropriate or available for use outside European Union. m-tech1 reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is suspended when prohibited. If you choose to access the Site from outside the European Union, you do so on your own initiative and are solely responsible for compliance with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation the export laws and regulations of Germany.
If any of the provisions of these Terms of Use are found by a court of competent jurisdiction to be suspended or unenforceable, such provisions will be limited or eliminated to the maximum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use remain in full force and effect. These Terms of Use constitute the entire agreement between you and m-tech1 with respect to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and m-tech1 in connection with such use are hereby superseded and cancelled.
m-tech1 will not accept any counter-offers to these Terms of Use, and such offers are hereby categorically rejected. The failure of m-tech1 to insist upon or enforce strict performance of these Terms of Use shall not be construed as a waiver by m-tech1 of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between m-tech1 and you or a third party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be construed as granting any rights or remedies with respect to any third party. m-tech1 provides access to m-tech1's international data and thus may contain references or cross references to m-tech1 products, programs and services that are not advertised in your country. Such reference does not imply that m-tech1 in your country intends to announce such products, programs or services.
m-tech1 administers and operates the www.m-tech1.com Site from its location in Portalegre, Portugal; other m-tech1 Sites may be administered and operated from various locations outside of Portugal. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or are appropriate or available for use outside European Union. m-tech1 reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is suspended when prohibited. If you choose to access the Site from outside the European Union, you do so on your own initiative and are solely responsible for compliance with applicable local laws.
The m-tech1 website, online services, interactive applications, e-mail messages, and advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat the information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) address or similar identifiers are considered personal information by local law, we will also treat such identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we will treat the combined information as personal information for purposes of this Privacy Policy.
m-tech1 and its partners may use cookies and other technologies in mobile advertising services in order to track the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not wish to receive ads with this level of relevance on your mobile device, you may opt out. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on the web page or in an application based on other non-personal information. This exclusion applies only to m-tech1 advertising services and does not affect interest-based advertising from other advertising networks.
m-tech1 and our partners also use cookies and other technologies to remember personal information when you use their own websites, online services, and applications. Our goal in these cases is to make your experience with m-tech1 more convenient and personal. For example, knowing your first name allows us to greet you the next time you visit the m-tech1 site. Knowing your country and language allows us to provide a more customized and more helpful experience. Knowing that someone who used your computer or used a particular service allows us to make our ads and email communications more relevant to your interests. And knowing your contact information helps us customize your operating system, configure your service, and provide you with better customer service. If you wish to disable cookies please check with your browser manufacturer on how to disable cookies.
Please note that certain features of the m-tech1 website will not be available after you disable cookies. As is also true of most websites, we collect some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet Service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about site usage behavior, and to gather demographic information about our user base as a whole. m-tech1 may use this information in marketing and advertising services. In some of our email messages, we use a "click-through URL" linked to content on the m-tech1 website.
When customers click on one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in these particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in email messages.
Pixel tags allow us to send email messages in a format that customers can read, and tell us whether the email has been opened. We may use this information to reduce or eliminate messages sent to customers.
m-tech1 does not promise that the Site or any content, services or features of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its contents are provided on an "as is" and "as available" basis. All information provided on the Site is subject to change without notice. m-tech1 cannot guarantee that any files or other data downloaded from the site will be free of viruses or contamination or destructive features.
m-tech1 disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. m-tech1 disclaims any and all liability for the acts, omissions and conduct of third parties in connection with or related to your use of the Site and/or any m-tech1 Services. You assume full responsibility for your use of the Site and any linked pages. Your sole remedy against m-tech1 for dissatisfaction with the page or any content is to stop using the page or any content.
This limitation or remedy is part of the agreement between the parties. The above legal notice applies to any damage, liability or injury caused by any failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line malfunction, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
m-tech1 reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate use of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site as necessary to perform routine or non-routine maintenance, error correction or other changes.
Any comments provided on this page will be considered non-confidential. m-tech1 shall be free to use such information without restriction. The information contained in this Page is subject to change without notice.
Copyright © m-tech1 GmbH. All rights reserved.
m-tech1 GmbH | Matthias-Müller-Str. 24, 51107, Cologne, Germany | info@m-tech1.com
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