Terms of Use

This website is offered to you by Montara Ltd., Ballycurreen, Cork, Ireland (“MONTARA”).

The following Terms of Use govern your access and use of this website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this website (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the website (“User Content”) or transactions concluded through this website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

  1. Acceptance of Terms of Use

By accessing or using this website you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this website. If you do NOT agree to all of these Terms of Use, you should NOT access or use this website.

If you register with our website/community or submit any material to our website, we will ask you to expressly agree to these Terms of Use.

  1. Modification of Terms

These Terms of Use may be amended by MONTARA at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the website after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other MONTARA websites may have their own terms of use which apply to such web sites.

MONTARA reserves the right to discontinue or make changes or updates with respect to the website or the Content of the website at any time without notice. MONTARA reserves the right to restrict, refuse or terminate access of any person to the website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

  1. Privacy Policy

Personal information provided or collected through or in connection with this website shall only be used in accordance with MONTARA’ s Privacy Statement and these Terms of Use are subject to the Privacy Statement as posted on this website.

  1. Disclaimers

ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. MONTARA AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT OR USER CONTENT. Neither MONTARA nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the website (including any information and materials on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public website. You should have no expectation of confidentiality with respect to any User Content you may submit on this website. Do not submit confidential information here.

MONTARA and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in internet, network or hosting services and do not warrant that the website or the services which make this website available or electronic communications sent by MONTARA are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

  1. Registration

Accessing the community area of the Website and using the community functions or features of the Website requires you to register as a User/contributor. This registration is free of charge.

When you register, you must choose a unique user ID/name or “handle” and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your Username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by phone or via Web form. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

A successfully registered community User/Contributor will be able to:

(a) create an own account and register his Telefunken licensed product

(b) view knowledge articles from the website;

(c) view call centre phone numbers and the location of repair centres;

(d) submit a service request and view the status of the submitted service request;

(e) upload documents to support processing of a service request

(f) post a topic, comment or question in the forum; and

(g) view other User’s names and pictures (only if uploaded/ made available by the other Users).

  1. Contributor

If you operate within the community, post a topic or comment in the community, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “User Content”), you are entirely and solely responsible for your own User Content and for any harm resulting from posting that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. By making Content available, you represent and warrant that:

  1. a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. b) if another party has rights to intellectual property you create, you have either (i) received permission from that party to post or make available the Content, including but not limited to any software, or (ii) secured from the third party a waiver as to all rights in or to the Content;
  3. c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. d) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. e) THE CONTENT IS NOT SPAM, IS NOT MACHINE- OR RANDOMLY-GENERATED, AND DOES NOT CONTAIN UNETHICAL OR UNWANTED COMMERCIAL CONTENT DESIGNED TO DRIVE TRAFFIC TO THIRD PARTY SITES OR BOOST THE SEARCH ENGINE RANKINGS OF THIRD PARTY SITES, OR TO FURTHER UNLAWFUL ACTS (SUCH AS PHISHING) OR MISLEAD RECIPIENTS AS TO THE SOURCE OF THE MATERIAL (SUCH AS SPOOFING);
  6. f) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. g) the community is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
  8. h) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MONTARA or otherwise.

Without limiting any of those representations or warranties, MONTARA has the right (though not the obligation) to, in MONTARA´s sole discretion (i) refuse or remove any content that, in MONTARA’s reasonable opinion, violates any MONTARA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MONTARA’s sole discretion.

  1. Limitation of Liability

IN NO EVENT SHALL MONTARA OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF MONTARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF MONTARA.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

  1. Third Party Content/Software

MONTARA is in no way responsible for the content of any site owned by a third party that may be linked to the website via hyperlink, whether or not such hyperlink is provided by the website or by a third party in accordance with the Terms of Use. Any link on our website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the website may link, and we take no responsibility therefor.

  1. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by MONTARA, its affiliates, subsidiaries and/or partners, the software to operate and publish the website, the compilation of data on the website, and the order, sequence and arrangement of this website, all belong to MONTARA and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

MONTARA is a registered trademark.

MONTARA and all other registered trademarks of MONTARA and its affiliates are important assets of the company. Proper use of these trademarks is important for MONTARA.

The use and registration of the MONTARA name is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which MONTARA name or any name similar thereto or any name which consists of a part of the MONTARA name forms part nor shall it include any other registered trademark owned by MONTARA or its affiliates.

  1. Proprietary Rights in the website

This website is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a “publication” of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the website may be the subject of patents, copyrights, trademarks and other intellectual property rights of MONTARA, its subsidiaries, affiliates, partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

  1. Indemnification and Release

You agree to indemnify and hold harmless MONTARA, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the website or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, MONTARA reserves the right to reveal your identity and any other information MONTARA may have about you.

If you have a dispute with one or more users, you release MONTARA, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  1. Shut-Down of Site

We have the sole right to shut down the website or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the website.

MONTARA may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or