Terms of Use

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.

Terms of Use apply to the services provided on the pages and all subdomains of Device Code. Subject of the Terms of Use is the regulation of the legal relations between Device Code and every natural and legal person, who uses the service of Device Code. Registered users (below: users) have accepted these Terms of Use when registering and can use all services.

Apart from these Terms of Use, the legal relation between Device Code and its users is determined by the Privacy Policy. The Terms of Use and the Privacy Policy are also applicable, when the website of Device Code or parts of it are used via other websites.

Device Code is a secure and transparent messaging system that allows users to send encrypted messages to other users without anyone else being able to decrypt the messages.

The user can send messages and spread content to others. For this purpose, we provide storage space on the our servers. The contents transmitted by the user will be stored as long as the membership lasts. The provider can decide upon the the terms of storage as well as the folders, in which the data will be saved. Each user is offered a monthly amount of 50 MB data transfer. When this limit es exceeded, the provider reserves the right to refuse further transfer until the end of the month.

We reserve the right to charge a fee for future expansions of the services.

The services are offered to all users of the internet, provided that the user has previously registered as a user.

With the completion of the registration process, a contractual relationship between us and the user is established, which is conform to the regulations of the Terms of Use.

With the registration, each user declares that his personal data he submits up to date, accurate and truthful and will be maintained so for the duration of the membership.

The user also affirms that he has reached the legal age of 18 or that he has an explicit consent of a legal guardian to use the services as well as the services of communication and to upload content himself.

The user can withdraw his consent to these Terms of Use and the closure of the user contract during a period of two weeks from the day of registering and providing the declaration of consent by sending an email to administration@devicecode.net. To keep the term, the due sending of the email is sufficient. When the withdrawal is declared in time, the user is neither bound to the contract of use nor to the declaration of consent to these Terms of Use.

For the access to the services, internet access is required. Any costs arising from that have to be paid by the user himself.

For the protection of the users and any other users, we reserve the right to remove any inapropriate contents or possibly threatening the system without any further notification.

Each user is responsible for his user information and messages and other content (below: content). Especially, the login data has to be kept secret and precautions have to be taken to prevent others from spying the data. The loss or spying of login data has to be reported immediately to administration@devicecode.net. Until the loss is reported, the user remains the only person in charge of any contents based on the account, any adverse effects or rights violations. When uploading content or contributing in any other way the user always has to follow the rules of the applicable jurisdiction. Moreover, as a user, you commit yourself to refraining from any abusive use of the system and the services offered therein.

Each user especially commits to the following:

  • add truthful and accurate information about oneself and the relatives and keep them up to date;
  • not to pretend to be another person and deceive others about one's true identity;
  • not to transfer one's account to other users or to give access to third parties;
  • to respect the applicable law of the Federal Republic of Germany;
  • not to publish any content, that might stir others to criminal or immoral actions;
  • not to use our system and the services provided to annoy, threaten or harm their dignity, honour or sexual self-determination;
  • to refrain from actions like sending emails or uploading data containing viruses or other programs (spyware, malware, trojans etc.). Furthermore to refrain from all actions that might threaten the data network or data centre of Device Code or its users in any way;
  • not to publish any vituperating critic, and not to spread any obloquies, insults, lies or incorrect information;
  • not to publish any copyrighted material without its owner's consent;
  • not to publish any contents available on Device Code on any other website or to spread or merchandise such contents without the consent of Device Code.
  • to create only one account on Device Code and not to manipulate our services by means of multiple accounts.

Once we discover any suspicious facts that a user violates any law, third parties' rights or these Terms of Use, or for the sake of the protection of other users or the provider, we can take one ore more measures of the following not exhaustive list.

We can:

  • warn users;
  • limit the use of the system;
  • block the user login temporarily;
  • block the user temporarily;
  • block the user irrevocably.

The choice of measures will be made according to the user's guiltiness (if necessary after a hearing of the user). The blocking of a user means the closedown of all of the accounts that have been created using his name and all accounts that belong to him. Irrevocably blocked users cannot neither claim the restoration of his account nor are they allowed to create a new account.

We reserve the right to delete user's contents after not using the account for more than 3 month.

We explicitly reserve the right to change, enhance, limit or shut down completely its service and the features connected to this. The system can be temporarily down due to maintenance or version updates. The user cannot demand any regress from this fact.

The user can cancel the user contract at any time without giving reasons, by using Deletion.

We reserve the right to cancel the user contract at any time within a two-week term till the end of the month. The right of blocking an account or taking other measures remains unaffected by this.

With the abrogation or or irrevocable blocking of a user the account and all personal data herein will be deleted. All other contents the user contributed to the system loose their link to the user but will remain part of the site.

We have the right to transfer (with a 4-week term of announcement) to transfer its rights and duties of the contractual relationship partly or completely to a third party. In this case, the user has the right to abrogate the contract via email to administration@devicecode.net.

For the sake of maximum security of patent, copyright, trademark and personal rights of third parties, we have the right but not the duty to check the conformity of uploaded content with the applicable law, these Terms of Use as well as own gdeviceelines and principles and to alter or delete the content if necessary.

As violations attract the users' attention the quickest, we have to rely on users' attentiveness. Users are asked to report violations of any kind to administration@devicecode.net. After checking all facts, we will try to remove any inapropriate or illegal material.

All personal data that has been provided by the system will be treated according to our Privacy Policy. Of course, the regulations of the German "Telemediengesetz (TMG)" and of the "Bundesdatenschutzgesetz (BDSG)" will be respected.

Contents that third parties claim copyrights for may not be forwarded, spread or entered into our system. The user commits himself to keeping us free and harmless of any claims resulting from a violation of copyrights caused by the user.

With the send of any content, the user assures that he claims all rights of the content he sends and grants all rights of copying, changing, spreading and publishment for the worldwide regular business to us. Furthermore, the user declares all his contents free for non-commercial use of all users.

The contents are subordinate to the industrial and intellectual property rights. The user commits himself to respecting the copyright and industrial property rights.

The users are advised that the website's layout and its contents are copyrighted and unauthorized copying, processing, editing or publishing on other websites or media is prohibited.

The services offered on our platform only serve for entertainment purposes are neither supposed to form nor to replace a professional consultation of any kind. We do note issue any guarantee nor liability for any contents entered by users nor for the impression generated from the whole of the contents entered by users. Any use and processing of the uploaded content is at one's own risk.

We don't warrant for any violations, data losses or other damages of users or third parties, that result from users' activities. The users are the only persons in charge of their user information and the contents sent oder modified by them. We cannot be held responsible for any data losses, damages or violations that result from a negligent or incorrect treatment.

We are not liable for any data losses, login difficulties and damages resulting from inappropriate use of accounts by users or acts of god (hacking attacks, system breakdowns caused by spam-attacks) or our employees or vicarious agents.

In spite of extensive efforts to keep the system clean of viruses, worms and other malware, we cannot guarantee freedom of viruses or errors. Especially, we are not be held responsible for any breakdowns or damages caused by acts of god, external man-induced events or any breakdowns or malfuctions of gateways, networks, providers or host-servers.

We are liable for claims caused by wantonly negligent behaviour of our active organs, employees and vicarious agents. In cases of slightly negligent behaviour, we can be held liable for any harms of life, body or health as well as severe violation of contract up to the damage that could be foreseen when the contract was concluded. We reserve the right of a plea of contributory negligence of users.

The guarantee according to the German "Produkthaftungsgesetz" remains untouched.

The users release Device Code from any liability, of any claims or costs resulting from violations of law or from actions considered illegal to these Terms of Use. Device Code is especially released from any claims resulting from violations of rights of patent, copyright, trademark and personality by statements, pictures or photos of other users that have been made available via the system of Device Code or by any other means.

The user releases Device Code and its employees from any liability, any claims or costs lodged by users or third parties because of any user's illegal or abusive actions of the system.

The users bear any legal costs in the cases of release of liability listed above, including all court and lawyer fees. This does not apply, when users cannot be held responsible for the violation of law. We reserve the right to defense of law against the claims listed above. In this case, users commit themselves to forward any relevant information available to them to us.

We reserve the right to change or extend these Terms of Use without giving reasons. In case of substantial modification, the users will be notified about the changed passages of the Terms of Use and asked to give their consent within a period of two weeks. If the user does not disagree within the two-weeks term, the changes will be regarded as accepted. Users will be notified of the meaning of the two-weeks term.

The invalidity of single regulations of these Terms of Use do not effect the rest of the regulations. This place is taken by a new regulation for the subsidiary interpretation of the contract, that comes as close to the economical aims of Device Code as possible. Possible loopholes are to be treated alike.

For the existing legal relation and all relations linked to it, the law of the Federal Republic of Germany is exclusively applicable, excluding the conflict law.

The place of jurisdiction is Paderborn, Germany for all traders or any other persons who can agree upon a place of jurisdiction due to other reasons.

Agreements, that diverge from these Terms of Use, need to be in written form to be valid.

We reserve the right to edit the Terms of Use as well as any other regulations, disclaimer or other regulations affecting the legal relation at any time with future effect.

Device Code is operated by Alexander Wilhelm, based on Am Stadelhof 32, D-33098 Paderborn.