Terms of Service

Welcome to markuskooche.com (»site operator«, »operator«, »we«, »our«, »us«)! Since you have just clicked on our terms of use, please pause, grab a cup of coffee and read the following points carefully. It shouldn't take you more than 5 minutes.

These terms of service (»terms«, »terms of use«) govern your use of our websites at »https://markuskooche.com«.

By using this website (»service«) or any other services provided by the site operator, you (the user of the service, its successors, representatives and assigns, and anyone having a legal relationship with that user, are hereinafter referred to as »you«. Together, you and the site operator are sometimes referred to as the »parties«) agree to be bound by the following terms and conditions.

Conditions for the user account

  1. You must be 13 years or older to use this service.
  2. You must be a human. Accounts registered by »bots« or other automated methods are not permitted.
  3. You must enter your name and a valid e-mail address and provide any other information requested in order to complete the registration process.
  4. Your login may only be used by one person - i.e. a single login may not be shared by several people - with the exception that the actions of a machine user can be controlled by several people.
  5. You are responsible for maintaining the security of your account and password. The site operator cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
  6. You are responsible for all activities that take place under your account.
  7. A natural or legal person may not maintain more than one free user account and one machine user account that is used exclusively for the performance of automated tasks.
  8. You may not use the service for any illegal or unauthorized purpose. You may not use the service in violation of any laws applicable in your country (including, but not limited to, copyright or trademark laws).

Cancellation and termination

  1. Apart from statutory rights of return, purchased products or services cannot be refunded. If you are dissatisfied with our services, please send us an e-mail to contact@markuskooche.com.
  2. You are solely responsible for the proper termination of your account. You can cancel your account at any time via the application or by sending an email to contact@markuskooche.com.
  3. Operator, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service or any other service from operator at any time and for any reason. Such termination of the service will result in the deactivation or deletion of your account or your access to your account and the forfeiture and relinquishment of all content in your account. The site operator reserves the right to refuse service to anyone for any reason at any time.
  4. In the event that the site operator takes action to suspend or terminate an account, we will make reasonable efforts to provide the affected account holder with a copy of their account content upon request, unless the account has been suspended or terminated due to unlawful conduct.

Changes to the service

  1. The Operator 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.
  2. The operator shall not be liable to you or any third party for any modification, suspension or discontinuation of the service.

Copyright and ownership rights to the content

  1. The operator does not pre-screen content, but the site operator and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
  2. You agree to defend the site operator against any claim, demand, suit or proceeding brought against the site operator by any third party alleging that your content or your use of the service in violation of this agreement infringes or misappropriates the intellectual property rights of any third party or violates any applicable law, and will indemnify the site operator against all damages and reasonable attorneys' fees incurred by the site operator in connection with any such claim, demand, suit or proceeding; provided that the site operator (a) gives you prompt written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may only settle a claim, demand, suit or proceeding if the settlement unconditionally releases the operator from all liability); and (c) provides you with all reasonable assistance at your expense.
  3. The appearance/design of the service is protected by copyright. © 2024 Markus Koch. All rights reserved. You may not duplicate, copy or reuse any part of the HTML/CSS, JavaScript or visual design elements or concepts without express written permission from the site owner.

General conditions

  1. Your use of the service is at your own risk. The service is provided on an »as is« and »as available« basis.
  2. Support for the site operator's services is only available in German and English by e-mail at contact@markuskooche.com.
  3. You acknowledge that the site operator uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to operate the service.
  4. You may not modify, customize or hack the service or modify another website to falsely imply that it is connected to the service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service or access to the service without the express written permission of the site operator.
  6. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these terms of service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retaliation) of any customer, employee, member or official of this application will result in immediate account termination.
  8. You acknowledge that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to technical requirements of connecting networks or devices.
  9. You may not upload, publish, host or transmit unsolicited e-mails, SMS or »spam« messages.
  10. They must not transmit worms, viruses or other destructive code.
  11. If your bandwidth usage significantly exceeds the average bandwidth usage (which is determined solely by the operator) of other customers of the site, we reserve the right to immediately suspend your account or throttle your file hosting until you can reduce your bandwidth usage.
  12. Operator does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. THE TERMS AND CONDITIONS SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY. YOU EXPRESSLY WAIVE ALL RIGHTS TO WHICH YOU MAY OTHERWISE BE ENTITLED.
  13. You expressly agree that the operator shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Operator has been advised of the possibility of such damages) arising out of: (i) the use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from goods, data, information or services purchased or obtained or messages received or transactions entered into through the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of third parties on the service; (v) or any other matter relating to the service.
  14. The failure of the site operator to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms constitute the entire agreement between you and the operator and govern your use of the service, superseding any prior agreements between you and the site operator (including, but not limited to, any prior versions of the terms). You agree that these terms of service and your use of the service are governed by German law.
  15. You agree to indemnify, defend and hold harmless the site operator, its officers, employees, agents, successors and assigns from and against all third party claims and actions for damages, personal injury (including death), property damage, losses and expenses, including reasonable attorneys' fees, arising out of your use of the products and services of this site, including any actions taken by the customer under these terms of service.
  16. If any provision of this agreement or the application of any such provision to any person or circumstance is held invalid by a court or arbitrator, the remainder of this agreement or the application of such provision(s) to persons or circumstances other than those to which it is held invalid shall not be affected thereby. The remaining provisions shall be construed in a manner consistent with the terms and objectives of this agreement so as to best effectuate the intent of the parties.
  17. THE PARTIES AGREE THAT ALL CLAIMS BY OR AMONG THEM SHALL BE ADJUDICATED INDIVIDUALLY, AND EACH PARTY EXPRESSLY WAIVES ITS RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO ALL CLAIMS BY OR AMONG THEM.
  18. The relationship between the parties is also governed by a premium subscription or a free subscription (the »applicable plan«), as the case may be. The terms of the applicable plan are incorporated by reference into these terms of service as if fully set forth herein. These terms of service and the applicable plan shall be read and construed together.
  19. Questions about the terms of use should be sent to contact@markuskooche.com.