Use of the website “www.newyorker.de” and all other New Yorker websites that are aimed at users in Germany is subject to
If you are under 18, use this website only with the consent of your legal guardians. The privacy of data pertaining to children is particularly important to us and we therefore never knowingly collect data pertaining to minors without the consent of their legal guardians. Whenever we become aware that minors have entered their personal data without their guardians’ consent or that data pertaining to minors has been entered by anyone without the necessary consent, the data is deleted.
1. Right of use
New Yorker will do everything appropriate to make sure that the information on the website is correct and up-to-date. However, we cannot guarantee or promise that it actually is correct and/or up-to-date. Please also note that we cannot be held liable for the consequences of our website being unavailable. For this reason we reserve the right to modify or withdraw content and services at any time, unless contractually agreed otherwise. We therefore take no responsibility for the availability or otherwise of our website and assume no liability, when we are not at fault, either for the website being unavailable or for loss of data.
Where this website contains links to websites provided by third parties, we do not adopt the third party content as our own and are not able to subject other companies’ websites to continuous monitoring. The sole purpose of such links is to serve as a pointer to you. Neither are we responsible for the availability of linked sites. New Yorker is not obliged by law to monitor information that is transmitted or saved, or to look out for indications of illegal activity (§ 7 German Telemedia Act (TMG)).
Where we offer you the opportunity to participate in interactive services, responsibility for the content you provide lies with you.
We assume unlimited liability on the merits for intent and gross negligence. In cases of ordinary negligence, however, we are liable only when a material contractual obligation has been breached, and our liability is limited to foreseeable and contractually anticipated damage.
We are not liable for consequential damage, and specifically not for loss of earnings or immaterial damage.
Furthermore, we assume no liability for loss of data or for other damage to your hardware or software attributable to
downloading material from the website.
The above limitations of liability do not apply in cases of death, injury or impaired health in which we are at fault or to claims under the Product Liability Act.
The above limitations of liability apply analogously to New Yorker’s staff, legal representatives and subcontractors.
The user is liable for all the losses incurred by New Yorker either as a result of the website being used in an improper or illegal manner or as a result of your culpable failure to fulfill your contractual obligations.
3. Website rules (binding netiquette)
Wherever we require you, so as to be able to offer personalised services, to provide information about your person – in particular first name, surname, address, telephone number and e-mail address – you are obliged to ensure that the information you provide is truthful, correct and complete. We also ask you to update your personal details on a regular basis.
As a user of interactive services it is your duty to keep your password and other information relating to your user account secret. If unauthorised use has been made of your user account, inform us immediately by post or by sending an e-mail to firstname.lastname@example.org. Even in this case, however, you remain responsible for any unauthorised use made of the website. In case of doubt, all the statements made using your password or other user account information are liable to be held against you.
Material that contains damaging content (in particular malicious code) and other programmes that could jeopardise or disrupt the proper functioning of software or hardware may not be uploaded to the website. The content you upload while participating in interactive services must be filtered by an up-to-date antivirus programme.
Illegal or immoral content or remarks, especially those that incite racial hatred, glorify or trivialise violence, glorify war, are pornographic or sexually offensive, or are clearly of a nature that could put children or young people at risk may not be uploaded, disseminated or made accessible. Neither it is permitted to indicate where such content can be found.
Acts that breach the security of the system or network or that are intended to do so, such as obtaining unauthorised access, planting malicious code or making it possible for others to obtain unauthorised access, are prohibited.
International Sale of Goods.