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Terms of Use

§ 1 PURPOSE OF THE TERMS OF USE 

  1. INFOMOTION GmbH, Westhafenplatz 1, 60327 Frankfurt am Main, Germany (referred to in the following as “INFOMOTION”) provides a wide range of functions and services on the website www.infomotion.de (referred to in the following as the “website”). Users (referred to in the following as “users”) can access and download content available on the website, and may use other currently available free or charged services within the framework of their respective availability (referred to in the following as the “services”).
  2. These Terms of Use (referred to in the following as the “Terms of Use”) regulate the provision of services and of the website by INFOMOTION, as well as use of the website by the user.
  3. The services and the website may be used only in accordance with these Terms of Use.
  4. We hereby expressly reject the applicability of any conditions that deviate from or contradict these Terms of Use, unless INFOMOTION has expressly agreed to their applicability. This is the case even if INFOMOTION carries out a service while being aware of conditions that deviate from or contradict these Terms of Use.
  5. The current valid version of these Terms of Use is available on the website indicated above under § 1 paragraph 1. INFOMOTION is entitled to amend these Terms of Use at any time.
  6. Additional special conditions may apply for individual services, and may take precedence over these Terms of Use for the use of such services. When the user registers for these services, they will be expressly informed of the aforementioned special conditions.

§ 2 SERVICES OFFERED AND AVAILABILITY OF SERVICES

  1. INFOMOTION provides a variety of information and other services on the website for temporary use. Such services can include, for instance, providing data, posts, visual documents, information and other content (hereinafter referred to as “content”), as well as the option of getting in contact with INFOMOTION by writing personal messages.
  2. INFOMOTION is entitled to change the services provided for free on the website at any time, as well as to make new services available free of charge or for a fee and to cease providing free services.
  3. Any claim to use the services available on the website shall exist only to the extent of INFOMOTION's technical and operational capabilities. INFOMOTION is entitled to cease operation of the website in whole or in part at any time. Due to the characteristics of the internet itself, computer systems and mobile devices, INFOMOTION shall accept no liability and provide no guarantee for the uninterrupted availability of the website or availability of all services on all devices.

§ 3 HYPERLINKS

The website may contain hyperlinks to third party websites. INFOMOTION shall accept no responsibility for the content of these websites, and take no ownership of these websites nor their content, since INFOMOTION has no control over the linked information and is likewise not responsible for the content and information contained on such pages. Users may use such content at their own risk.

§ 4 PROTECTION OF CONTENT, RESPONSIBILITY FOR THIRD PARTY CONTENT

  1. The content available on the website is protected by copyright or other protected rights, and is owned by INFOMOTION or by the third parties (“third party content”) who provided the respective content. Content on the website is considered third party content if it is expressly marked with a copyright by these third parties, or if it is obviously identifiable as third party content. The compilation of content as such is protected as a database or sui generis database right in the sense of §§ 4 paragraph 2, 87a paragraph 1 of the German Copyright Act (UrhG).
  2. Users may only use this content and third-party content according to the Terms of Use and Participation, as well as within the framework specified on the website.
  3. INFOMOTION does not review third party content to ensure it is complete, correct or legal, and therefore accepts no responsibility and provides no guarantee that the third party content is complete, correct, legal or up to date. This also applies with respect to the quality of the third party content and its suitability for a certain purpose, including if the content is third party content on linked external websites.

§ 5 SCOPE OF PERMITTED USE, MONITORING OF USAGE ACTIVITIES

  1. The right of use is restricted to accessing the website and using the services available on the website as intended, within the framework of these Terms of Use.
  2. The user is responsible for ensuring the technical requirements necessary to use the services. INFOMOTION is not responsible for providing the user with any relevant advising in this area.
  3. INFOMOTION hereby notes that usage activities may be monitored to the extent permissible by law. This may include logging IP connection data and other connection details, as well as analyzing such data if there is a concrete suspicion that a violation of the Terms of Use has occurred, and/or a concrete suspicion of some other illegal or criminal action.
  4. The use is prohibited from carrying out any activities on or in conjunction with the website that violate applicable law, the rights of third parties, or the principles of child protection. When using the website, the user may, in particular, not:
    1. harm any persons, in particular minors, or violate their personal rights;
    2. violate common decency through their user behavior;
    3. violate intellectual property or copyrights, or any other property rights;
    4. transmit content containing viruses, Trojan horses, or other malware;
    5. enter, store or send hyperlinks or content if they are not entitled to do so, in particular if these hyperlinks or this content violate confidentiality obligations or is illegal; or
    6. distribute advertisements or unrequested emails (“spam”) or incorrect warnings against viruses, malfunctions and similar, or encourage persons to take part in sweepstakes, multi-level marketing, chain letters, pyramid schemes or comparable.
  5. Likewise, the user is prohibited from taking any actions that could disrupt the smooth operation of the website or overload INFOMOTION's IT systems.
  6. If the user becomes aware of any illegal or abusive use of the website, or any use that violates the contract or is otherwise illegitimate, the user hereby undertakes to inform INFOMOTION of this promptly in writing or by email.

§ 6 RIGHTS OF USE TO CONTENT

  1. Unless further use is expressly permitted in these Terms of Use or on the website, or made possible on the website through a corresponding function (such as a Download button),
    1. users may only access and display the content available on the website online for personal purposes. This right of use is restricted to the duration of participation in the website;
    2. users are not permitted to edit, change, translate, present or display, publish, exhibit, duplicate or distribute the content available on the website in whole or in part. Likewise, removing or changing copyright marks, logos and other designations or protected marks is prohibited.
  2. Users are only entitled to download content (“download”) or print out content if a download or printing option is made available on the website as a function (for instance via a Download button).
  3. Users receive a temporary, non-exclusive right of use to content that has been properly downloaded or printed out for their own, non-commercial purposes. Otherwise, the original holder of the rights retains all rights to the content (INFOMOTION or the respective third party).

§ 7 DATA PROTECTION

INFOMOTION handles users’ personal data in a responsible manner. Accordingly, INFOMOTION will treat your personal data as confidential and in accordance with the provisions of applicable data protection law and the Data Privacy Statement.

§ 8 LIABILITY

  1. INFOMOTION shall be liable for intentional actions and grossly negligent breaches of duty without restriction.
  2. INFOMOTION shall not be liable for slightly negligent breaches of duty, as long as these do not relate to contractually significant obligations or guarantees, or are not the basis for legitimating damages to body, life or health or claims under the Product Liability Act.
  3. If INFOMOTION is also liable for slight negligence, then its liability shall be limited to foreseeable damages typical for the contract.
  4. If INFOMOTION's liability is excluded or restricted, this also applies for the liability of the statutory representatives, employees and agents of INFOMOTION.
  5. Although INFOMOTION always strives to keep its website virus-free, INFOMOTION does not guarantee or assure that it will be free from viruses or other malware. Whenever possible and permitted in an individual case, before downloading content the user must ensure that they have taken appropriate security precautions and have appropriate virus scanners before downloading content, in order to protect themselves and prevent viruses and other malware on the website.
  6. The above regulations in this paragraph are not intended to change the burden of proof to the detriment of the user.

§ 9 FORM

If not otherwise expressly indicated in these Terms of Use, all declarations provided in the course of participating in the website must be submitted at least in text form. The email address of INFOMOTION is info@infomotion.de. See § 1 paragraph 1 for the mailing address of INFOMOTION. We reserve the right to change our contact information. INFOMOTION will inform the user in case such changes are made.

§ 10 FINAL PROVISIONS

  1. If a provision of these Terms of Use is or becomes invalid, this shall not affect the legal validity of the remaining provisions.
  2. These Terms of Use are subject to the law of the Federal Republic of Germany, excluding the reference provisions of international private law.
  3. The exclusive place of jurisdiction for all disputes arising from these Terms of Use is Frankfurt am Main, as long as the user is a merchant, a legal entity under public law or a special fund under public law. The same applies if the user has no general domestic place of jurisdiction.