1. The commenZ Web site

All webpages available at www.commenz.com, respective other top-level-domains (.tld) like www.commenz.de, www.commenz.net, and all linked pages of the site are owned and operated by commenZ, a service offered by SYNAPSY Mobile Networks GmbH, Daimlerstrasse 19, Germany.
If you wish to use the services offered by commenZ, by accessing the site, using any part of the site, any part of the service or tools offered by commenZ (like the commenZ toolbar) you must agree to the Terms of Use. If you do not agree to the Terms of Use you are not allowed to use the commenZ services and the content and tools offered by commenZ and you should stop using and accessing the commenZ service immediately.

2. Service description

As a user registered to the commenZ service, you are able to write comments (“commenZ”) and ratings to any page in the www (World Wide Web). This can be done either via clicking onto the respective link on www.commenz.com (e.g. “write commenZ”) or via the respective link in the commenZ toolbar, provided you have installed it to your Web browser.
Any other user can search for and read commenZ and ratings you or other registered commenZ users have submitted. Any other registered user can also write replies (“reply-commenZ”) to already submitted commenZ.
Furthermore it is possible to request commenZ via the commenZ toolbar or via the respective link on www.commenz.com (e.g. “request commenZ”) for a Web page you want to know if others have already made own experiences.
CommenZ may change, extend, limit, suspend or discontinue the offered services and content for any reason and at any time without notice or liability.

3. Registration obligations

In order to register as a commenZ user, you need to choose a username as well as additional information like your email address, that need to be accurate and complete if required by the service (see system messages if applicable). If you fail submitting information like this could be treated as a breach of the Terms of Use – an immediate termination of your commenZ account could be the result.
Usernames you mustn’t choose:
- Names/ brandnames/ trademarks that are subject to any rights of a person or an organization/ company
- Offensive, vulgar or obscene names
CommenZ reserves the right to refuse the registration of such forbidden names or delete them as soon as such names are recognized.
The commenZ services are only available to people who are 13 years or older. If you are younger than 13, do not attempt to register to the commenZ service and leave this page immediately please.

4. Restrictions on content and activities

As a condition of use, you agree not make use of the commenZ service to post, submit or rate to any content and/ or internal and external pages or use services and tools to:
a) against any laws, statutes, ordinances or regulations of any jurisdiction to which you or commenZ are subject
b) abuses, harasses, threatens, impersonates or intimidates other commenZ users
c) includes insider information or any other confidential or proprietary information
d) is considered to just being advertisement or spam (including but not limited to affiliate programs, multi-level marketing programs)
e) is an infringement of a certain patent, trademark, trading secret, copyright or any other intellectual property right
f) that contains content that is pornographic, infringing, defamatory, obscene, abusive, offensive, libelous or that violates any law or right of a third party
g) that contains or transmits viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots or any other computer programs and/ or routines that are able to damage, interrupt and/ or prevent the commenZ service from working properly.
h) that is able to cause a large load in our technical infrastructure (including but not limited to automated services like robots, spiders, crawlers)

The foregoing list of restrictions is not necessarily exhaustive of types we see as inappropriate for the commenZ service and we reserve the right to extend this list at any time if this is required to secure the proper working of the service and prevents commenZ users and the service from misuse. CommenZ reserves the right to remove any content and respective commenZ user accounts at any time and for any reason if any abuse will be recognized. To help us recognizing abuse much faster, please report this via email to abuse (at) commenz.com.

5. Content representations

When submitting content, pages or commenZ to the commenZ service you agree to be responsible for the content you have posted/ made available to the commenZ service under your commenZ member account. You warrant that you are either the owner of the content you have posted or that you have all necessary rights to submit your posts/ ratings/ comments. If royalty payments or other sums have to be paid for the content you have submitted you agree to pay all these sums to the respective rights holder and to indemnify and hold harmless commenZ from any claims, costs or liability incurred as a result of your violation of these Terms of Use.

6. Copyright complaints

CommenZ respects the intellectual property of others. If you recognize copyright or other intellectual property infringement please report them to abuse (at) commenz.com. We will take all efforts to investigate notices immediately and will take appropriate actions.

7. Content license

CommenZ doesn’t claim ownership rights in any content (commenZ, pages, reply -commenZ, and requests) posted or transmitted by its users. You as a user retain all ownership rights in any content you have posted and transmitted to the commenZ service to which you are entitled by law but you grant to commenZ a non-exclusive and royalty-free license for the content to use it, distribute it, reproduce it, modify it, adapt, display and/ or perform it publicly. You may terminate the license to any certain content by deleting it from the service. For this please send an email to license-termination (at) commenz.com.

8. Copyrights and Trademarks

Different to the content posted and transmitted by commenZ users, all other content of the commenZ site and service is the property of commenZ, its technical and content providers or SYNAPSY Mobile Networks GmbH, Germany and is protected by international copyright laws. The name commenZ, respective domain names as well as the commenZ logo and the commenZ icon are registered trademarks of SYNAPSY Mobile Networks GmbH, Germany. Any use in connection with services, products and/ or offerings of others is prohibited. Other trademarks appearing on the commenZ site are the property of their respective owners.

9. commenZ Privacy Policy

The current privacy policy of commenZ is available at http://www.commenz.com/?knowmore&show=privacy.

10. No monitoring

CommenZ has no obligation to monitor comments, ratings, reply-comments or other statements submitted or transferred to the commenZ site. We furthermore have no obligation to monitor content on third party Web sites and pages you write commenZ about.

11. Indemnity

You agree to indemnify and hold harmless commenZ, its parents, subsidiaries, affiliates, customers, vendors and employees from and against all fines, suits, proceedings, claims, causes of action, demands, liabilities, damages or other costs made by any third party arising out of your access to the commenZ site/ the commenZ service and its tools, a violation of the Terms of Use by you or the infringement by you or a third party using your commenZ member account, out of any intellectual property or any other right of a person, a group of persons or an organization or entity.

12. Disclaimer of warranties and limitations of liability

You acknowledge and agree that commenZ has no control and duty about which users gain access to the commenZ site and services. You release commenZ from all liability for you having acquired or not acquired content through the commenZ site. The commenZ site/ pages/ service may contain comments, ratings and/ or experiences with and/ or for and to third party pages and sites that some people may find offensive and/ or inappropriate. CommenZ makes no representations concerning any content contained in or accessed through the commenZ service and commenZ won’t be responsible or liable for the accuracy, copyright compliance, legality or decency of content/ material contained in or accessed through the commenZ service pages. The commenZ service, its content as well as the pages and sites are provided on an “AS IS” and “AS AVAILABLE” without any warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. CommenZ does not warrant that the commenZ service will be available at any given time, secure, accurate or free of error. You are using the service at your own risk and you assume the risk that the commenZ service may provide incorrect information to you or your co-workers, as well as the risk that any material/ content downloaded and/ or installed by you from the commenZ service may cause loss of data or damage to your computer system environment. As the most of the content accessible via the commenZ site and pages is “user-generated”, commenZ makes no warranty of any kind and specially disclaims the implied warranties of merchantability, fitness, accuracy and non-infringement with respect to such user-generated content.
As some states do not allow limitations on how long an implied warranty lasts, the above limitations may not apply to you.

13. Links to external pages

The commenZ service is focused on commenting and rating third party pages and sites in the World Wide Web (www). For this, the commenZ service contains and provides accessible links to external www sites and pages. Based on the fact that commenZ has no control over such third party pages, sites, resources you acknowledge and agree that commenZ is not responsible or liable for any content, product, statement, advertisement or any other materials on or available from such pages/ sites/ resources. Furthermore you acknowledge and agree that commenZ is not 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.

14. No guaranteed availability

CommenZ reserves the right to modify, change or discontinue the service or parts of the service at any time, temporarily or permanently, with or without notice to you. You agree that commenZ will not be liable to you for such changes, modifications, suspensions or discontinuances of the service.

15. Termination

If you breach any of the Terms of Use’ terms or conditions, commenZ has the right to terminate or suspend any and/ or all services as well as your commenZ member account immediately and without prior notice or liability. If you wish to terminate your commenZ account, you may simply discontinue using the commenZ service.

16. Changes to this Terms of Use

CommenZ reserves the right to update its Terms of Use at any time. When we change the Terms of Use a notice will be posted on our website along with the updated Terms of Use. Registered users will be informed via email to review and become familiar with such modifications before continuing using the commenZ service.

17. Severability & waiver

The invalidity of any term or provision of these Terms of Use will not affect the validity of any other provision. Waiver by commenZ of strict performances of any provision of these Terms of Use won’t be a waiver of or prejudice commenZ’s right to require strict performance of the same provision in the future or of any other provision of these Terms of Use.

18. Entire agreement

You agree that these Terms of Use is the complete and exclusive agreement between you and commenZ and supersedes and cancels all previous written and/ or oral agreements, communications. There are no other terms, conditions or obligations between you and commenZ relating to the use of the commenZ service, other than those contained in these Terms of Use. All modifications must be in writing and signed by both parties.