TERMS OF USE AND PRIVACY POLICY
1. ACCEPTANCE OF TERMS:
1.1. The use of the Website and all its contents and any part thereof, including but not limited to, design, pictures, graphics, logos, images, audio and video clips, digital downloads, data compilations and software provided by Optamit GmbH and/or its subsidiaries ("Optamit") is subject to the following Terms of Use. Optamit reserves the right to update the Terms of Use from time to time without notice to you.
2. SERVICES:
2.1. Optamit reserves the right to modify or discontinue, temporarily or permanently, the Website at any time. Optamit shall not accept any liability for the continuous availability of the Website.
3. RIGHTS OF USE:
3.1. Subject to Clause 9 Optamit grants you a non-exclusive, personal and non- transferable right to use the Website and all its contents and any part thereof, including but not limited to, design, pictures, graphics, logos, images, audio and video clips, digital downloads, data compilations and software on a single computer to the extend agreed.
3.2. You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Website and all its contents and any part thereof including but not limited to design, pictures, graphics, logos, images, audio and video clips, digital downloads, data compilations and software.
4. OBLIGATIONS OF THE USER:
4.1. You agree that when using the Website, not to: (a) publish, post, upload, email, transmit, store, distribute, disseminate or otherwise make available any content, such as but not limited to, information, data, software, music, sound, images, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, discriminatory, invasive of another's privacy, hateful, harms minors in any way, or is racialy, ethnically or otherwise objectionable;
(b) publish, post, upload, email, transmit, store, distribute, disseminate or otherwise make available any content, such as but not limited to, information, data, software, music, sound, images, video, messages or other materials that infringes any intellectual property such as patent, trademark, copyright or trade secret of any third party;
(c) publish, post, upload, email, transmit, store, distribute, disseminate or otherwise make available any content that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage, interrupt or limit the operation of another's computer or property of another;
(d) publish, post, upload, email, transmit, store, distribute, disseminate or otherwise make available any content that you do not have the right to make available, in particular in cases where such content is in breach of confidential obligations or illegal;
(e) publish, post, upload, email, transmit, store, distribute, disseminate or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain lelters", "pyramid schemes" or "snowball systems";
(f) create a false identity for the purpose of misleading others;
(g) violate any applicable local, state, national or international laws, or regulations;
(h) harvest or otherwise collect or store information about others, including email- adresses.
5. HYPERLINKS:
5.1. The Website may contain hyperlinks to the websites of third parties. Optamit has no control over such websites and the content or information available thereon. You acknowledge and agree that Optamit is not responsible or liable for any content or information on such websites or the use thereof. Optamit makes no representations about or endorse such websites or their content as its own.
6. LIABILITY:
6.1. NEITHER OPTAMIT NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL BE LIABLE OR RESPONSIBLE FOR, UNLESS REQUIRED OTHERWISE BY MANDATORY STATUTARY PROVISIONS:
(A) ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY CONTENT CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF;
(A) UNAUTORISED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA;
(B) ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, BY ANY THIRD PARTY;
(C) ANY CONTENT, INFORMATION, MESSAGE, DATA OR OTHER MATERIAL SENT, PUBLISHED, POSTED, UPLOADED, TRANSMITTED, STORED, DISTRIBUTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE BY ANY THIRD PARTY.
6.2. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM AN NEGLIGENT ACT OR OMISSION.
7. DISCLAIMERS:
7.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPTAMIT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICE AND THE CONTENTS OF THE WEBSITE. OPTAMIT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7.2. OPTAMIT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT VIA THE WEBSITE IS ACCURATE, COMPLETE AND CURRENT. THE WEBSITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. THE WEBSITE MAY CONTAIN CONTENT PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, DOCUMENTS, INFORMATION, TEXTS, AUDIO AND VIDEO CLIPS AND SOFTWARE. OPTAMIT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY CONTENT PROVIDED BY SUCH THIRD PARTIES.
7.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8. INDEMNITY:
8.1. YOU AGREE TO INDEMNIFY AND HOLD OPTAMIT HARMLESS FROM AND AGAINST ANY AND ALL CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, THE CONTENT SUBMITTED, PUBLISHED, TRANSMITTED, POSTED, UPLOADED, STORED, DISSEMINATED OR OTHERWISE MADE AVAILABLE BY YOU, YOUR VIOLATION OF THIS TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS.
9. INTELLECTUAL PROPERTY:
9.1. The Website, all its contents and any part thereof such as design, pictures, graphics, logos, images, audio and video clips, digital downloads, data compilations and software is the property of Optamit or its content suppliers and protected under the German Copyright Act and International Treaties. All rights reserved.
9.2. All brand names and Trademarks displayed on the Website are property of Optamit or its content suppliers. The brand names and Trademarks may not be used in connection with any product or service that is not Optamit's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Optamit.
10. DIGITAL MILLENIUM COPYRIGHT ACT:
10.1. The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company`s Copyright Agent the following information:
(a) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
(d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.2. The Company's Copyright Agent for notifications of claims of copyright or other intellectual property infringement can be reached as follows:
Jens Kunzmann
Rechtsanwalt
CBH Rechtsanw�lte K�ln
Cornelius Bartenbach Haesemann & Partner Bismarckstr. 11-13
50672 K�ln
Tel. ++49-221-9519083
Fax ++49-221-9519093
e-mail: j.kunzmann@cbh.de
II. GOVERNING LAW AND JURSIDICTION:
1. COLLECTION OF PERSONAL INFORMATION:
1.1. Optamit respects your Privacy. Therefore Optamit complies with the national or international data privacy law, such as the Directive 95/46/EC of the European Parliament and of the Council.
1.2. Al information that identifies or can be used to identify, contact, or locate the person to whom such information pertains ("Personal Information"), such as name, address, telephone number or email, collected or used by Optamit is subject to this Privacy Policy. Optamit reserves the right to change the Privacy Policy from time to time at its sole discretion. The current version of our Privacy Policy will be published on the Website.
1.3. Optamit will not collect Personal Information about you, except voluntarily provided by you, e.g. during the registration process.
2. USE OF PERSONAL INFORMATION:
2.1. Your Personal Information is solely used for the following purposes:
(a) billing;
(b) creation and information about new products, services, offers and after-sales
service. However, if you do not want to receive such information, you have the choice to withdraw your consent to such use through short notice with an e-mail or fax to Optamit.
(c) to provide the Service to our Subscribers;
(d) to prevent illegal activities.
2.2. Your Personal Information will be stored for a period of 12 months upon termination of your subscription.
3. DISCLOSURE OF PERSONAL INFORMATION.
3.1. Optamit will not sell, trade, or disclose to third parties, except to our afiliates and subsidiaries, any Personal Information provided by you without your consent, except:
(a) as required by law or regulations;
(b) in response to a valid subpoena, warrant or order to protect the rights of others;
(c) necessary to establish or preserve a legal claim or defense;
(d) necessary to provide certain services to you, e.g SMS.
4. AUTOMATICALLY RECEIVED INFORMATION:
4.1. When you use the Website Optamit may automatically receive and collect certain technical and routing information, such as browser type, operating system, the Internet Protocol address of your computer, domain name of the website you came from, number of visits, Services used, average time spent on the Website or pages viewed. Optamit uses such information to measure traffic paterns on the Website and to improve their performance or content and the Services provided to you.
5. SECURITY:
5.1. Optamit has implemented technology and security features to protect your Personal Information against unauthorised acces or improper use.
5.2. Due to our security measures we will not store any credit card information provided by you during the registration process after completion of payment transaction.
6. COOKIES:
6.1. When you visit the Website, Optamit may transfer small amounts of data to your browser ("Cookies"), in order to improve our Website. Cookies enable us to tailor the Website to your needs and interests. If you do not wish to receive Cookies, you can set your browser to notify you when you receive a Cookie or to block all Cookies. For further informations refer to the user-guide of your browser. Please note, that by blocking Cookies, the Website or the Services provided to you may not work properly.
7. HYPERLINKS:
7.1. This Website may contain links to other websites at which your Personal Information is being collected. The collection and use of your Personal Information on other websites is subject to the privacy policy applicable on these websites.
January 2006
