Updated: August 27, 2012
PLEASE READ THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE http://www.fluidops.com (“TERMS”) BEFORE USING THIS WEBSITE.
Subject Matter and Acceptance
- Any access to or usage of INFORMATION provided by fluid Operations AG, Altrottstrasse 31, D-69190 Walldorf, Germany (hereinafter “We”) on the website http://www.fluidops.com including any webpages thereunder (hereinafter “WEBSITE”) is regulated by these TERMS.
- The user agrees to be bound by these TERMS by accessing or using the WEBSITE or any INFORMATION provided thereunder. If the user does not accept the TERMS or any provision therein, the user must not access or use the WEBSITE and is bound to refrain from any further access or usage.
- From time to time, we may modify the TERMS without notice. In consequence, the user should review the TERMS whenever accessing or using the WEBSITE. For each usage the version of the TERMS shall be applicable which had been provided on the WEBSITE at the time of the respective usage. Thus, the user should print or save a copy of the TERMS provided at the time of usage. However, in case of doubt the most current version of the TERMS shall be applicable.
- Any different or varying terms are rejected unless expressly agreed to by us.
- These TERMS do not apply for licensing and maintenance of our products including software and the provision of related services. We ask users who are interested in further information on our respective terms and conditions to contact us.
- INFORMATION in the meaning of these TERMS shall be the layout of the WEBSITE and any content or data provided therein, including but not limited to text, pictures, photographs, video, audio, graphics, logos, software programs, data base works and databases.
Intellectual Property Rights
- The WEBSITE and the INFORMATION are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Germany and other countries. All INFORMATION shall be treated as a copyright protected work in the meaning of the German Copyright Act.
- INFORMATION may only be exploited or reproduced in public with our express prior written consent. Exploitation in the meaning of these TERMS shall be any kind of using the INFORMATION in the meaning of the German Copyright Act, including but not limited to reproduction, copying, distribution or publishing. Reproduction in public means any kind of presenting the INFORMATION to the public in the meaning of the German Copyright Act, including but not limited to making it available or accessible to the public, broadcasting it or making it discernible in public.
- In particular, user must not, without our prior written consent
- copy, store, translate, edit, modify, resale, lease, decompile or reverse engineer any INFORMATION or create any derivative works thereof or
- include any INFORMATION or parts thereof in a database or data base work of any kind.
- Mandatory legal exceptions remain unaffected, in particular by the German Copyright Act (UrhG) or the German Law Concerning the Copyright on Works of Fine Arts and Photography (KunsturheberG). According to these laws consent is obsolete in cases of “preliminary copying without any commercial impact” in the meaning of § 44a UrhG or “copying for private use” in the meaning of § 53 UrhG.
Restrictions on Use
- It is strictly prohibited to use the WEBSITE or the INFORMATION for any illegal purpose or in any manner inconsistent with the TERMS. The user shall use the WEBSITE and the INFORMATION solely for the use and benefit of his/her own organization, and not for resale or other transfer to, or use by or for the benefit of any other person or entity. The user must not use or transfer INFORMATION in any manner that could compete with our business. The user acknowledges that the INFORMATION is protected as Intellectual Property (as set forth in sec. 3 of these TERMS). The user must not infringe any intellectual property rights or other third party rights in the WEBSITE or the INFORMATION.
- The user must not use any techniques, mechanisms, software programs (e.g. viruses, Trojans or spy ware) or other routines (i) by which the functionality of the WEBSITE or any registration requirement could be affected, disturbed or harmed or (ii) by which personal data recorded by us or INFORMATION being under restricted access could be made accessible. The user must not take any action by which a substantial or unreasonable disturbance of the infrastructure of the WEBSITE or any parts thereof, including but not limited to the connected email-system, could be caused.
- If third parties assert a claim because user fails to comply with the restrictions under these TERMS, the user shall indemnify us and hold us harmless from any such claim and the respective damages, obligations, losses, liabilities and expenses (including but not limited to attorney’s fees), unless the user did not act intentionally or negligently.
Linking and Framing by the User
- By linking to the WEBSITE, the user represents that he/she has read and agrees to be bound by the TERMS. Before linking to the WEBSITE, the linking user has to inform us in writing, by telefax or by email by telling his/her name, address (no PO Box but street and house number), the name and corporate domicile of his/her company, his/her email-address, the URL of the web page where the link will appear and the purpose of linking. We may demand the removal of the link to the WEBSITE at our own and free discretion and without reason.
- Upon rightfully linking to the WEBSITE in accordance with these TERMS, the linking user will be granted a non-exclusive, non-transferable, royalty-free and freely revocable license to use the name “fluid Operations AG” and the name of the WEBSITE solely for providing an underlined, textual link from his/her website to the WEBSITE. No further rights are granted to the user.
- Without explicit prior written consent only a surface link may be set to the main starting page of the WEBSITE (homepage). Other kinds of links to the WEBSITE are not permitted, including but not limited to deep links (a link to an internal or subsidiary page of the WEBSITE that is located one or several levels down from the homepage) and frames (bringing up or present content of the WEBSITE within another website.
Linking by us (Disclaimer)
- We are not liable for linked information. We are not obliged to monitor linked information or to seek facts or circumstances indicating illegal activity or the infringement of third party rights pursuant to the following provisions under this sec. 6.
- If linked information infringes a right of a third party, it is incumbent upon this third party to inform us of the infringement without undue delay, unless the infringement was apparent at the time we linked the respective information.
- We remove or disable the link if it is illegal or infringes third parties rights upon obtaining knowledge about the infringement. We may check the infringement or illegal activity for 14 days after having received the notice as set forth in sec. 6.2 of these TERMS or otherwise obtained knowledge about the illegal activity, unless the illegality is apparent. The third party has the burden of proof that we have actual knowledge or are aware of facts or circumstances from which the illegal activity or information is apparent.
- Herewith we expressly dissociate from any violations or infringements of rights by third parties on linked web pages. Every user is asked to inform us of illegal linked information.
Limitation of Liability
- All INFORMATION is based upon information which we believe to be reliable. Nevertheless, INFORMATION is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. We do not enter, nor be deemed to enter, into any agreement with the user or any other third party just because of the mere provision of INFORMATION or the mere usage of the WEBSITE.
- Any INFORMATION is provided “AS IS”, i.e. we are not liable for the INFORMATION or the WEBSITE, including but not limited to non-infringement of title or fitness for a particular purpose or use. We undertake no guarantee of any kind, express or implied, as to the INFORMATION or the WEBSITE. In addition, we do not warrant (i) that the INFORMATION or WEBSITE is compatible with specific computer-systems and (ii) that the WEBSITE or INFORMATION is accessible.
- Any exclusion or limitation of liability set forth in these TERMS shall not apply (i) in cases of willful misconduct or gross negligence by us, our representatives or vicarious agents and (ii) to the liability for damages because of injury of life, health or body due to an at least negligent breach of duty by us or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of us. The liability for guarantees and the liability according to the German Product Liability Act (ProdHaftG) remain unaffected.
The liability of our vicarious agents, employees and representatives and the liability for torts are limited in the above mentioned extend.
- We respect the right to privacy and will collect, process and use personal data in accordance with the statutory provisions of the Federal Data Protection Act (“Bundesdatenschutzgesetz”). For further details please refer to our Privacy Notice.
- We may provide restricted access to parts of the WEBSITE or special services to registered users. In that event only registered users with a valid registration are allowed to access such restricted parts of the WEBSITE or to get such special services. Registration and the usage of the benefits expressly connected with a registration are free of charge unless agreed otherwise.
- Registering users must be a natural or legal person or a partnership with legal personality who or which, when registering, acts in exercise of his/her trade, business or profession (“Entrepreneur”) or must act as an agent or authorized representative of an Entrepreneur.
- Registration is made by filling out the registration form provided on the WEBSITE. The registering user understands and agrees (i) to filling out the registration form completely and truthfully and (ii) to create unique and legally allowed login data, including Login ID and password. The registering user shall keep his/her login data strictly confidential. The registering user is solely and fully responsible and liable for all activities that occur under his/her password, Login ID, or account. In the event of a possible breach of confidentiality, such as loss, theft, or unauthorized disclosure or use of a registered user’s login data, the registered user (i) will immediately notify us and (ii) shall change his/her login data immediately. Upon finishing the registered session, the registered user shall use the provided logout function. Otherwise, the registered user is aware of the fact, that unauthorized usage of his/her login data could be possible.
- We may demand of the registering user a valid personal identification (e.g. copy of valid ID-card or certificate of registration), as far as necessary for (i) the fulfillment of a legal obligation to check the identity of the registering user or (ii) verifying the legal possibility or right of the user to register.
- In the event of a change to registered user’s data, he/she shall actualize his/her registration immediately. Such actualization can be made by using the respective function under “My Account” or – in the event of lack of such function – in writing, by telefax or by email.
- A registered user may cancel his/her registration at any time. Such cancellation can be made the same way as actualization as set forth in sec. 9.5.
- We may object to a registration or may cancel any registration at any time at our own and free discretion. We will inform the registering/registered user of such objection or cancellation.
Governing Law and Final Clause
- These TERMS shall be governed and construed exclusively by German law, with the exception of the conflicts of law principles thereof. The UN Sales Convention shall not apply. However, if the user accesses the WEBSITE from outside Germany he/she has to comply with mandatory laws and precedents of his/her home state.
- If the user is a businessman within the meaning of the German Commercial Act (HGB), a legal entity under public law or a special fund (“Sondervermögen”) under public law, the user submits to the jurisdiction of courts located in Germany with respect to any legal proceedings arising out of these TERMS or the provision of the WEBSITE or of the INFORMATION. In that case, the courts of Walldorf shall have exclusive jurisdiction.
- If any provision of these TERMS is found to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of these TERMS shall remain in full force and effect.