Terms and Conditions of Use and Licensing
1. SCOPE
1.1 The following Terms and Conditions of Use and Licensing govern the conditions for the online offerings that may be used by users provided by the Schüco International KG, Karolinenstraße 1-15, 33609 Bielefeld (hereinafter "Schüco") under www.schueco.com. Agreements in deviation thereof require the explicit written confirmation of Schüco to be effective.
1.2 By utilization of the online offerings the user agrees to the following Terms and Conditions of Use and Licensing explicitly.
1.3 Schüco preserves the right to change or amend the Terms and Conditions of Use and Licensing with future effect any time insofar this is not unreasonable to the interests of the user. The changes and amendments of single terms and conditions will be notified to the user at an appropriate place on www.schueco.com in time. The user is eligible to contradict to the changed Terms and Conditions of Use and Licensing via email (to: service@schueco.com) or in writing (to: Schüco International KG, Karolinenstraße 1-15, 33609 Bielefeld) at any time. If this is the case both parties have the right to terminate the Terms and Conditions of Use and Licensing immediately.
2. CONTENTS OF THE ONLINE OFFERINGS
2.1 On their website "www.schueco.com“ Schüco provides to the user access to several online offerings. Here this is online retrievable content including Schüco catalogues, design drawings, tendering documents, test certificates and information for architects(hereinafter "Content), databases/online platforms and software for the management and presentation of respective content and data (hereinafter summarized as "Software") for the purpose to ease the working with, in regard and the planning of products of Schüco.
2.2 Schüco provides under „www.schueco.com“ an online job application system named "Schüco e-recruiting“ for user who want to apply for a job. This will enable the user to submit his application credentials fast and hassle-free. For this will apply special Conditions of Use and Privacy Policies .
3. REGISTRATION
3.1 For the use of some of the online offerings a prior a one-time registration is required. This is pro bono.
3.2 Only users with full legal capacity or acting with the consent of a legal representative are authorized to register. For some of the online offerings only certain user groups are authorized including architects, construction component distributors as well as partner and suppliers to Schüco.
3.3 In regard to the registration each user has to give the appropriate data required. Depending on the nature of the registration (e.g. registration as architect or supplier for the of the offering mentioned in 2.1 or registration for the online job application mentioned in 2.2) it may be required the complete name, the postal address, a valid e-mail address, an optional user name (alias), and/or an already existing supplier or customer number. In each case for registration the user chooses an individual password.
3.4 There does not exist any entitlement to registration. In each case Schüco prevents its right to approve the registration and the right to cancel a provided registration.
3.5. The user has the option to log in with the help of his freely chosen password and his email address (for the offerings mentioned in 2.1) or with his freely chosen username (for the offering mentioned in 2.2) after his successful registration and use the provided offerings.
3.6 The user commits himself to keep his personal data (name, address, e-mail address) provided while registration updated.
3.7 The user commits himself to protect his system login for the online offerings provided by Schüco against not authorized use by third parties and to keep his password confidential.
4. COPYRIGHTS AND RIGHTS OF USE
Schüco exclusively owns all rights (especially all positions protected by copyright and related protective rights including the rights of the database manufacturers as well as all and any other rights including the legal positions of the supplementary protection of related rights under competition law) of the online offerings provided by Schüco to the user on "www.schueco.com“. This does not include the content posted by the user himself. In this case the user owns the exclusive copyrights and rights of use himself.
5. SCOPE OF THE AUTHORIZED USE
5.1 Schüco limited to the territory of the Federal Republic of Germany provides the nonexclusive, nontransferable license to use the online content provided by Schüco under "www.schueco.com" as part of each intended purpose to the user.
5.2 Any further copying, saving to files, to electronic data processing equipment and/or storage media of any type and/or the redistribution of the corresponding online content (with the exception of the normal access process conditional caching in memory or on the user's hard drive) and any public disclosure or other distribution is not permitted without the express permission of Schüco.
5.3 Moreover, especially noting any change, revision, division / separation or other modification of the content provided by Schüco under"www.schueco.com" (including modification of add-on programs, translation, reverse engineering, decompiling , the disassembly or the connection with other software and / or other data or databases) is not permitted without the express permission of Schüco; § 69e Copyright Act (UrhG) remains unaffected.
5.4 The corresponding online content must not be sold, rented, sublicensed, or otherwise provided to third parties in return for payment or otherwise commercially exploited.
5.5 The user shall ensure that third parties - regardless of the method - do not have access to the corresponding online content.
5.6 A violation of these provisions entitles Schüco to terminate the agreement immediately, and requires the user to pay damages, if necessary (e.g. according to § 97 German Copyright Act) and for which a violation may also be a criminal offense (e.g. pursuant to § § 106, 107, 108, 108a, 108b of the German Copyright Act).
6. RESPONSIBILITY FOR USER OWNED CONTENT
6.1 After registration at some online services it will be possible for the user to post own content like e.g. on the photos online portal provided by Schüco eventually.
6.2 The user solely is responsible for all content posted by himself, such as texts, photographs, files, etc.
6.3 He is committed to comply with all applicable legal requirements, regulatory actions, agreements and standards, in particular, he undertakes not to infringe any trademark, copyright or privacy rights of third parties. The user continuously is obliged to inform himself on the relevant applicable rules.
6.4 Prior to the activation the user-generated content will not be checked by Schüco.
7. CHANGE/REMOVAL OF USER OWNED CONTENT
7.1 Using his corresponding login data the user may remove the content posted by him at any time.
7.2 Despite the fact that the content posted by the user before its activation was not reviewed by Schüco, nevertheless Schüco is entitled to remove the user posted content. This is especially true if a breach of these terms and conditions and/or legal regulations exist, is alleged or suspected of being, or if the last-time user login to the appropriate members' area dates back to more than six months.
7.3 In the case of user owned content the user will be notified by email immediately.
8. LIABILITY AND INDEMNITY
8.1 A liability of the Schüco in respect to the user owned content is excluded. Schüco only will be liable for damages caused by intentional or grossly negligent breach of these Terms and Conditions of Use and Licensing on the part of Schüco. For damages that arising from the breach of contract essentially, meaning obligations of which the fulfillment of the proper execution of the contract was made possible in the first and the user may rely on the compliance, Schüco is liable for any negligence, but only up to the amount of foreseeable damages. The liability for damages to life, body or health remains unaffected. The foregoing limitations on liability shall apply even if the breaches are caused by legal representatives, employees or agents of Schüco.
8.2 The user shall indemnify Schüco and their legal representatives and companies affiliated with Schüco from all claims asserted by third parties for infringement of their rights by the user owned content. This exemption in particular extends to the reimbursement of all damages incurred with Schüco in connection with any claim by third parties, such as the costs of any legal representation, including all court fees.
8.3 The user compensates Schüco with all damages arising because of an unauthorized use of his password-protected user access or other harmful acts by the user or any other person unless the user thereto is at fault.
9. WARRANTY
9.1 Given the wealth of content provided by Schüco errors can sometimes occur despite careful processing and checking. Therefore it cannot be warranted for accuracy.
9.2 According to the state-of-the-art technology errors in the software even with careful preparation cannot be excluded completely. The user will therefore take suitable precautions in the event that the software is not working properly in whole or in part.
9.3 Schüco will not guarantee that the online services provided to users can be used at any time and without interruption. In particular the performing maintenance and the removal of technical problems may make it necessary to interrupt the usability of online services. Schüco expressly reserves the right to restrict the availability of the online services at any time in full or in part.
9.4 Schüco and the user agree upon that the particular use of the software and the databases does not replace a professional advice.
9.5 Schüco assumes no liability for erroneous online services, especially for damages resulting therefrom.
10. TERMINATION OF THE TERMS AND CONDITIONS OF USE AND LICENSING
10.1 The user can deactivate his system access acquired by registration at any time and without cause by irrevocable cancellation. The cancellation should be submitted both by email (to: service@schueco.com) or in writing (to: Schüco International KG, Karolinenstraße 1-15, 33609 Bielefeld). All user owned content, such as photos, texts, etc. after notifying the appropriate portals/ databases will be removed.
10.2 Notwithstanding to the clauses 9.1 and 9.2 Schüco at any time has the right to revoke an authorized use granted once and to irrevocable disable the system access with simultaneous deactivation of all user owned data and content. This especially applies if the user violates the obligations imposed by these Terms or any statutory provisions. A claim for reimbursement of the user will not be justified. Schüco will inform the user by e-mail to the e-mail address provided with the registration about the deactivation of his access immediately.
10.3 Moreover the authorized use will terminate automatically if Schüco turns down the corresponding online service.
11. PRIVACY POLICY
Schüco guarantees compliance with the German data protection legislation. Personal data are stored and processed only if they are necessary for contract execution. The personal data provided by the user during registration without the expressed consent user will not be disclosed to a third party. For more information please refer to the general Privacy Policy of Schüco.
12. GENERAL PROVISIONS
12.1 This Agreement is governed by the law of the Federal Republic of Germany, excluding its conflicts of law provisions of the private international law. The place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Bielefeld.
12.2 If any provision of these Terms and Conditions of Use and Licensing should render invalid, without prejudice to the effectiveness of the remaining provisions will not be affected. The invalid provision shall be replaced by a provision which come closest to the spirit and purpose of the invalid provision. The same applies to any provisional gaps within these Terms and Conditions of Use and Licensing.
February 2013
GUARANTEE
Given the large amount of information in the online content and databases and despite careful processing and checking, errors can sometimes occur. No guarantee can be made for accuracy.
The state of technology means that errors in the software cannot be fully ruled out despite careful compilation. The end user will therefore take suitable precautions in the event that the software does not work as it should, either in full or in part.
This agreement does not place any obligations on the licenser with regard to guarantees or compensation. In particular, licenser and end user agree that use of the software databases and the content is not a substitute for expert advice.
APPLICABLE LAW AND JURISDICTION
This agreement is subject to the laws of the Federal Republic of Germany, excluding the provisions of international civil law. The place of jurisdiction for all disputes arising from or in connection with this agreement, insofar as the customer is a registered trader, is Bielefeld.