Terms of use

1. Subject of the conditions of participation and use for the download section

a) The “service provider” makes available a platform on www.imbus.de or www.qs-tag.de (hereafter referred to as “download area”), where users and duly signed-in participants can download contents such as e.g. presentations, technical specifications, price lists, etc.

b) The present conditions of use rule the provision of information and services by the service provider and the use of these information and services by you as a duly signed-in participant.

c) Information and contact details of the service provider are available via the link legal notice in the headline or the footer of the website.

2. Login/registration

d) The login/registration and the access to the download area are free of charge.

e) Particular contents can also be retrieved / downloaded without registration. However, the entire use of the information provided in the download area requires a registration. The participants can sign up individually or they get a predefined login code from the service provider (e.g. within the context of a booked event).

f) Particular contents or thematic areas are available for specific user groups only. Herein, only participants of the related event or members of the related user group are entitled to download the relevant comprised information.

g) The registration is only allowed if you are full-aged and not limited in your legal capacity. The registration is not allowed for minors. In case of a juristic person the registration has to be made by a natural person who does not have a limit in his legal capacity and is authorized to represent. A claim for participation does not exist.

3. Dealing with access data, completion of participation

a) The access data that have been enquired from the service provider during the registration process have to be indicated by you completely and correctly. When registering a juristic person, the natural person who is authorized to represent, must also be indicated.

b) Having provided all required data you will receive an email at the indicated email address to confirm your registration. The confirmation is made via the link included in this email. From the entry of this email on, you are entitled to use the download area within these conditions of participation and use.

c) During the registration process you are asked to indicate a username or your email address and a password. With these access data you can login to the download area after a successful registration.

d) The access data and password shall be kept secret by you and shall not be made available to third parties. Employees of the service provider will never request the password.

e) You are also responsible to make sure that the download area and the use of the information and services provided in the download area is used exclusively by you or persons who have been authorized by you.

f) You can cancel or end your registration/participation at any time via an informal email sent to the email address indicated in the legal notice.

4. Services, contents, availability

a) The service provider makes available different information and other services for a temporally limited use in the download area. Such services can e.g. be provisioning data, articles, photo and audio documents, information and other contents (hereinafter referred to as “contents” in summary). The content and the scope of the download possibilities are stated according to the each underlying conditions.

b) At present you have access to services in the download area that are only free of charge. If we should decide to offer particular services or functionalities only fee-based, the charged services/functionalities will be identified as such.

c) Services or links to contents of third parties, to which Imbus simply provides the access, can also be part of the services provided in the download area. For the use of such services - which are identified as services of third parties respectively - regulations deviating from these conditions of participation and use or additional regulation might apply.

5. Protection of the contents, responsibility for the contents of third parties

a) The contents available in the download area are mainly protected by the copyright or other protective rights and are property of the service provider or of third parties that have provided the particular contents. The compilation of the proper contents may be protected as a data base within the meaning of Article 4,2 and Article 87a, 1 UrhG (Copyright Law). You may only use these contents according to these conditions of participation and use as well as in the context given in the download area.

b) The contents available in the download area partially originate from the service provider and partially from other third parties. Contents of other third parties are hereinafter referred to as “third party contents”. This also applies regarding the quality of the third party contents and their qualification for a specific purpose also including third party contents on linked external websites.

6. Use of fee-based services 

a) The service provider reserves the right to offer particular contents and/or particular services fee-based in the future. Fee-based contents/services liable for costs are particularly identified as such and will be unlocked and calculated after your explicit confirmation only.

7. Copyright for available contents

a) Your authorization of use is limited to the access to the download area as well as to the use of the information and services that are available in the download area. If no further use is explicitly allowed in these conditions of participation and use or in the download area,

  • you may call up and display online the contents available in the download area for personal, non-commercial purposes only. Every use for or connected with commercial purposes is prohibited, unless such a use has been explicitly allowed in writing by the service provider.
  • It is prohibited to fully or partially edit, change, translate, show or demonstrate, publish, present, duplicate or spread the contents available in the download area. It is also prohibited to remove or change copyright mentions, logos and other tags or proprietary notices.
  • Every action that is appropriate to impair the frictionless use of the download area, especially to overly strain the systems of the service provider, is also prohibited.

b) You are only entitled to download and print contents (“download”) if a possibility to download or print is available as a functionality in the download area (e.g. by means of download button).

c) You will receive a temporally unlimited and non-exclusive right of use for the properly downloaded or printed contents for the use on own, non-commercial purposes. Provided that it is about contents that you have received for valuable consideration in the context of other services (e.g. participation in an event), the further condition for this grant of rights is the complete payment of the particular services. Apart from that, all rights in the contents remain at the original right holder (the service provider or the specific third party).

d) Your obligatory legal rights (including the diversity for private and other own use according to Article 53 UrhG (Copyright Law)) remain unaffected.

8. Blockage of accesses

a) The service provider can temporarily or permanently block your access to the download area if specific criterions for a contravention of these conditions of participation and use are at hand or if the service provider has any other justified interest in the blockage. For a decision about a blockage the service provider will take your legitimate interests appropriately into consideration.

b) In case of a temporary or permanent blockage the service provider will block your access authorization and will inform you via email.

c) In case of a temporary blockage the service provider will reactivate the access authorization after the expiration of the barred period and will inform you via email.

9. Processing of your personal data

a) A part of the quality requirement of the service provider is the responsible dealing with the personal data of the participant (this data are hereinafter referred to as “personal data”). The personal data resulting from your registration on the download area as well as from the use of the available services will only be collected, saved and processed in the context of the valid privacy policy (available via the link privacy policy in the legal notice of the website) by the service provider. This will only happen if it is necessary for the contractual service provision or, moreover if it is convenient and licit.

The service provider will deal with your personal data confidentially and according to the terms of the existing data privacy and will not hand it over to third parties.

b) Furthermore, the service provider will only use your personal data if you have expressively agreed on. A consent given by you can be cancelled at any time by sending us an email or a letter to the contact data indicated in the site notice.

10. Limitation of liability

a) Limitation of liability for free services: If damage should be caused due to the use of free services provided on the download area (including the retrieval of free contents), the service provider will only be liable as far as your damage has been caused by the contractual use of the free contents and/or services and only at intent (including fraud) and gross negligence of the service provider.

b) Limitation of liability for fee required services: In the context of the use of fee required services (including the retrieval of fee required contents) by you the service provider will be liable according to the following regulations: The service provider is unlimitedly liable for damages that have been intentionally or recklessly caused by the service provider or his legal representatives, executive staff or simple performing agents.  The service provider is not liable in cases of the slightly negligent breach of only negligible contractual duties. Apart from that, the liability of the service provider for only negligible caused damages is limited to the damages on whose origin in the context of the particular contractual relation has to be reckoned (damages that are predictable according to the contract). This also applies for slightly negligent breach of duties by the contractual representatives, executive staff or simple performing agents of the service provider.

c) The above mentioned limitation of liability does not apply in case of fraud, in case of physical or personal injury, for the breach of guarantees as well as for the claims of product liability.

11. Other provisions

a) Requirement of written form:  If not stated otherwise in these conditions of participation and use, any declarations that are provided in the context of the participation in the download area have to be provided in writing or via email. The email address and the postal code of the service provider are indicated in the legal notice. Changes of the contact data remain reserved. In case of such a change the service provider will update the legal notice.

b) Safeguard clause: Should a term of these conditions of participation and use be or become ineffective, the legal effectiveness of the other terms is not affected. Instead of the ineffective term an effective term will apply, that economically comes closest to the term intended by the parties.

c) Applicable right: These conditions of participation and use are governed by German law to the exclusion of the UN CISG (Convention on Contracts for the International Sale of Goods).

d) Place of jurisdiction: Exclusive place of jurisdiction for all conflicts arising from these conditions of participation and use, as far as such a choice of form clause is legit, is the headquarter of the service provider.

Download Section Terms and Conditions of Use

Stand: 05/2018

1.Object of these Terms and Conditions of Use

imbus AG, Hauptstrasse 8a, 91096 Möhrendorf, Germany (hereinafter referred to as ‘Service Provider’) at www.imbus.de provides a platform (hereinafter referred to as ‘Download Section’) via which users can download content such as presentations, product descriptions, price lists etc.

The present Terms of Use govern the provision of the information and services by the Service Provider and the terms of using the information and services by users.

2.Registration

You may access/download individual content without registering. However, in order to use any information provided in the download section, you will have to register. To use all information, participants may register individually.

You are permitted to register only if you have full capacity to contract. In the case of a legal entity, registration must be carried out by a person with full capacity to contract who is an authorized representative of that entity.

The mandatory information you will be asked to provide on the registration form must be provided in full. In addition, you may provide further details on a voluntary basis. All information provided must be correct. Multiple registration or registration using a pseudonym is not permitted. Users are obliged to immediately inform the Service Provider of any changes in their personal details after registration.

Registration is free. There is no legal right to the use.

We reserve the right to limit access to individual sections of the download section to defined groups of users (for instance to the participants in an individual event). In this case, members of the individual user group (or the participants in the individual event) will receive a predefined registration code.

Double opt-in: Your registration will become valid only upon your prior confirmation of your registration by clicking on a link in a confirmation email sent to you for this purpose (‘double opt-in’). We use this procedure to ensure that the person registering is the holder of the email address provided.

Registration may be cancelled at any time via email or in written form. This will also end the contract relationship.

3.Right of Withdrawal

Where the user is a consumer as defined in Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), meaning that he or she enters into an agreement of use with the Service Provider for a purpose that neither falls within his or her commercial activities nor his or her professional activities as a self-employed person, he or she is granted the right of withdrawal as set forth in the following provisions. The right to discontinue use at any time is unaffected.

Instruction on the right to withdraw:

This contractual declaration may be withdrawn within two weeks, and no reasons for the withdrawal must be stated, in text form (mail, fax, letter). The 2 weeks’ withdrawal period starts upon receipt of this instruction in text form and not before the conclusion of the contract or before the fulfilment of our obligation to inform under Section 312 c Subsection 2 of the German Civil Code in connection with Section 1 Subsections 1, 2 and 4 of the German Civil Code Regulation on the Duty to Inform (BGB-InfoV) as well as our obligations under Section 312e Subsection 1 Sentence 1 of the German Civil Code in connection with Section 3 BGB-InfoV.

To meet the withdrawal deadline, it will suffice to send notification of withdrawal in time. Please send any declaration of withdrawal to the following address:

imbus AG, Hauptstr. 8a, 91096 Möhrendorf, DEUTSCHLAND

E-Mail: info(at)imbus.de

Fax: +49 9131 7518-50

Consequences of withdrawal

In the event of effective withdrawal, any services already received and any use already made must be returned. Should this be impossible, either partially or entirely, compensation for value must be provided within 30 days from sending the instruction of withdrawal .

For a service, your right of withdrawal will expire prematurely if your contract partner, upon your explicit consent, has started to provide the service before the end of the withdrawal period or if you yourself have instigated the provision of the service .

End of the instruction on the right to withdraw

4.Registration/Login

After successful registration, you can log into the download section with your access data (email address and password).

Logging in and using the download section after logging in is free.

5.Handling of Access Data and Personal Data

Users are obliged to handle their access data with due care and must not make them accessible to third parties. The use of your account by third parties is not permitted.

You are obliged to immediately change your access data or request new access data from imbus should you think or know that third parties know your access data, in particular your password. Employees of the Service Provider will never request your password.

The Service Provider will store and process your personal data (you have provided on registration and/or submitted when using a service) in accordance with the Data Protection Policy of imbus AG.

6.Discontinuation of Use

The contract on the use of the download section is valid indefinitely. Either party may terminate the contract at any time with no obligation to state the reasons for termination.

Users may withdraw or terminate their registration at any time by writing an informal email to datenschutz(at)imbus.de .

Your access (download section user account) will then be deleted. You will then no longer be able to log into and access the download section.

7.Access to Services and Content

In the download section, the Service Provider provides you with diverse information and other services you may use for a fixed term. Such services may include the provision of data, contributions, image and sound files, information and other content (hereinafter together referred to as ‘content’).

Currently, only free services are provided in the download section. Should we decide to provide some services and/or features for a fee, any such chargeable services/features will be labelled chargeable and offered to you again as chargeable services/features.

The service provided in the download section may include services and/or links to third-party content to which imbus merely procures access. Using such services - which are all labelled as third-party services - may be subject to regulations that deviate from or apply in addition to these Terms and Conditions of Use and Participation.

You are prohibited from any act that may impair the smooth operation, the availability or performance of the download section, in particular acts that interfere with or overload the Service Provider’s systems (for instance by automated registration attempts or automated downloads).

8.Right of Use to Available Content

Most of the content available in the download section is protected under copyright law or other property rights and is the property of the Service Provider or third parties who have made the individual content available. The very compilation of the content may be protected as a database (‘Datenbank’) or database work (‘Datenbankwerk’) within the meaning of Section 4 Subsection 2 and Section 87a Subsection 1 of the German Act on Copyright and Related Rights (Urheberrechtsgesetz - UrhG). You may use such content only as set forth in these Terms and Conditions of Use.

Your user right is limited to accessing the download section and to using the information and services provided in the download section. You may access and/or download the content provided in the download section for private purposes only.

You are prohibited from processing, changing, translating, showing or presenting, publishing, exhibiting, reproducing or distributing the content provided in the download section, either in whole or in part. It is also prohibited to remove or change copyright labels, logos and other labels or protection signs. You are prohibited from providing, selling or licensing the content to third parties unless the Service Provider has given you their prior explicit written consent.

You are authorized to download content (‘download’) only if a download option appears in the download section as a feature (for instance, download button). You are not authorized to access content otherwise (for instance via API) unless the Service Provider has given you their prior explicit written consent.

You will have an unlimited and non-exclusive user right to the content that you have rightfully downloaded to use the content for your own, non-commercial purposes. Another prerequisite for being granted a user right in the case of content provided to you for a fee as part of other services (for instance, participation in an event) is the full payment of such services. In all other respects, any and all rights to the content will remain with the original right holder (the Service Provider or a third party).

9.Availability of Content, Change or Discontinuation of a Service, Blocking of Access

The Service Provider may at any time remove, change or update the content from/in the download section, either in whole or in part. Users are not entitled to claim that specific content be made available or that it fit a specific purpose. The Service Provider may change or completely discontinue the service at any time.

The Service Provider may block your access to the download section temporarily or permanently if they have concrete indications that you are violating or violated these Terms and Conditions of Use and/or applicable law, or if the Service Provider has another legitimate interest in blocking your access.

In the case of a temporary or permanent blockage, the Service Provider will block your access authorization and send you an email to inform you. In the case of a temporary blockage, the Service Provider will reactivate your access authorization after the expiry of the blocking period and send you an email to inform you.

10.Limitation of Liability

imbus AG’s precontractual, contractual and extra-contractual liability for free services is limited to wilful intent and gross negligence. The present liability regulations also apply where imbus AG is liable for fault on the part of their assistants in performance.

The above limitation of liability does not apply in cases where fraudulent intent is involved, in cases of bodily or personal injury, where guarantees are violated or in the case of claims under product liability law.

11.General Provisions

If you want to make a declaration, thats not regulated by this terms of use and which concerns the participation or use of our download section, so please send us your declaration to the following address:

imbus AG, Hauptstr. 8a, 91096 Moehrendorf, GERMANY

E-Mail: info@imbus.de

Fax: +49 9131 7518-50

Should any one or several provisions of these Terms and Conditions of Use be or become invalid, the validity of the other provisions will not be affected.

These Terms and Conditions of Use and participation are governed by the law of the Federal Republic of Germany, to the exclusion of UN sales law (Convention of Contracts for the International Sales of Goods,
CISG ).

The legal venue for all disputes arising from or in connection with this contract , independent of the legal basis thereof, is the registered place of business of Imbus AG at the time the contract is concluded. This agreement on the legal venue applies only insofar as a user is a merchant as defined in the German Commercial Code (Handelsgesetzbuch - HGB). The consumer regulations remain unaffected.

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Your contact at imbus

For further information please contact imbus

mail:info@imbus.de
phone:+49 9131 / 7518-0
fax:+49 9131 / 7518-50