Standard Terms of Use

Preamble

The following Standard Terms of Use shall apply to the relationship between Mister Wong GmbH, represented by its managing director Kai Tietjen, Haferwende 1, 28357 Bremen, Germany, as the provider of the Internet service "Mister Wong" (hereinafter referred to as Mister Wong) and registered users (hereinafter referred to as the user) and shall apply to all web offerings of Mister Wong and to the services offered on the associated sub-pages and additional pages.

§ 1 Description of the Mister Wong Service

1.1 Mister Wong makes a platform available to Internet users who wish to save and manage interesting websites, links, and text content in a personal account. Users not only have access to their own saved content but also to the content saved and managed by other users. Every user can decide whether to save a website for him or herself or publicly for other users. Mister Wong makes it possible to exchange such websites with other users, to evaluate them, and to provide them with personal comments. At Mister Wong the websites that are evaluated as being particularly good are those which are saved as favorites by a large number of users.

1.2 If a user does not consent to the amended Terms of Use, he can terminate his Mister Wong membership by cancellation or serving notice. The user is committed to abide by the amended Terms of Use if he continues to use the Mister Wong website after one month following announcement of the amendments.

1.3 Mister Wong reserves the right to change its website as and when required.

1.4 Mister Wong also reserves the right to delete or privatize members' names and user accounts, keywords (tags), URLs (links), and groups if they:

§ 2 Registration; Conclusion of a Contract

2.1 Part of the Mister Wong platform is accessible without registration as a user. However, in order to save and manage personal content on the Mister Wong platform it is necessary to register as a user.

2.2 A contract concerning use of the Mister Wong website comes into being upon submission of registration after prior acceptance of the present Standard Terms and Conditions.

2.3 The User can cancel his registration with Mister Wong at any time in text form (e.g. letter, fax, email) without having to state reasons. Cancellation must be sent to:

Mister Wong GmbH
Managing Director:Tobias Ihde, Kai Tietjen
Haferwende 1
28357 Bremen
Germany
Email:

§ 3 Users' Rights and Duties

3.1 Registered users shall be entitled to use all Mister Wong services in full within the scope of these Terms of Use.

3.2 When Mister Wong services are being used, general laws must be observed. In particular, users are not allowed to use the Mister Wong website

3.3 Notwithstanding any consequences in common law and/or criminal law, non-observance of the above code of conduct shall entitle Mister Wong to terminate the relevant user's access without notice and to permanently exclude the same from use for the future, or to privatize him. The method of sanctioning is at Mister Wong's discretion.

§ 4 Mister Wong's Rights and Duties

4.1 Mister Wong is not obliged to make its website available at all times or to ensure that it can be used without errors. This particularly applies if access to the Mister Wong website is affected by disruptions that are beyond the influence of Mister Wong. Furthermore, Mister Wong shall be entitled, at all times and without prior notice, to temporarily completely discontinue or restrict the availability of its website for maintenance or modernization work.

4.2 Mister Wong shall be entitled, in response to such a request, to surrender the data saved by the user in the event of any criminally relevant actions on the part of the user (especially such concerning pornographic or anti-alien content) and any other common-law violations, especially with respect to trademark law, competition law or copyright law concerning third parties (e.g. criminal prosecution authorities, parties involved or injured directly or indirectly).

4.3 Mister Wong shall be entitled but not obliged to check the user's bookmarks, links and any other content (hereinafter referred to as "content") with regard to compliance with general laws and these Terms of Use and to delete such content at its own discretion if a violation is revealed.

§ 5 Guarantee and Liability

5.1 Mister Wong does not give any guarantee that the website made available by it is available at all times without any errors or that it is suitable for certain purpose. This particularly applies if access to the Mister Wong website is affected or unavailable on account of disruptions, the cause of which is beyond the influence of Mister Wong.

5.2 Mister Wong gives no guarantee for content provided by users and in particular it is not obliged to check such content for legal violations.

5.3 Mister Wong is liable

5.4 The provision in para. 5.3 covers all contractual and legal claims that result from these Terms of Use and use of the service provided by Mister Wong. In all other cases Mister Wong explicitly accepts no liability. This particularly applies to any loss of data that has not been caused by willful intent on the part of Mister Wong and its employees.

§ 6 Data Protection

Mister Wong respects the privacy of its users. Mister Wong treats the personal data of its users confidentially and only makes such data available to third parties if this conforms to applicable law or the user has consented to data being passed on. Details concerning data protection at Mister Wong are contained in the Data Protection Regulations.

§ 7 Term of Contract and Termination

7.1 The contract of use is concluded for an unlimited period of time.

7.2 Either party may terminate this contract at any time without having to state reasons.

7.3 Mister Wong is also entitled to cancel membership at any time for a good reason. A good reason in particular is if the user has violated these Terms of Use or applicable law.

§ 8 Anti-Spam Guidelines

According to § 1 para. 5 Mister Wong reserves the right, in the case of spamming, to perform permanent privatization (or deletion) of an account, a URL or a whole domain (blacklist); these will then no longer appear publicly on the Mister Wong website.

Spam is defined by Mister Wong as follows:

§ 9 Referrals and Links

Mister Wong has no influence whatsoever on the current or future design, content, or authorship of the linked sites. For this reason Mister Wong explicitly dissociates itself from all content on all linked sites. This shall apply to all links and references placed on its own website and to any third-party entries. With regard to any illegal, erroneous or incomplete content, and particularly any damage or loss that may result from use or any information not disclosed in such a way, liability is held solely by the owner of the site to which the linked pointed, and not the party that merely points to the respective publication in links.

§ 10 Copyright and Distinctive Mark Law

In all publications Mister Wong endeavors to observe the copyrights of the pictures, graphics, sound documents, video sequences, and texts used, to use pictures, graphics, sound documents, video sequences, and texts created by Mister Wong itself, or to resort to license-free graphics, sound documents, video sequences, and texts.

All brand names and trademarks indicated on the website and possibly protected by third parties are entirely subject to the provisions of distinctive mark law as amended and the property rights of the various registered owners. On the basis of a mere naming it is not possible to infer that brand names are not protected by third-party rights!

The copyright for published items created by Mister Wong itself remains solely with Mister Wong. Duplication and use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without Mister Wong's explicit consent.

§ 11 Newsletter

Mister Wong issues to registered users a regular newsletter containing statistical data (e.g. the number of the user's bookmarks saved throughout a week, etc.) and current website tips. Subscriptions to the newsletter can be cancelled at any time by accessing the menu item "Profile". By accepting these Standard Terms and Conditions the user consents to the mailing of the newsletter to the email address indicated by him until it is cancelled.

§ 12 Final Provisions

12.1 In the event of disputes in connection with the Mister Wong website German law shall apply and the UN Convention on Contracts for the International Sale of Goods shall not apply.

12.2 Merchants, public law entities and special public corporations shall be subject to the jurisdiction of Bremen courts.

12.3 If individual clauses of these Terms of Use should be or become entirely or partially invalid, this shall not affect the validity of the other Terms of Use. If any provision should be invalid, a provision shall apply that commercially comes as close as possible to the spirit and meaning of the invalid provision. The same shall apply to any provisions omitted.

Correct at: August 2007