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.