Terms of use

I. SCOPE OF APPLICATION

1. The use of the internet pages offered by Hokamp Medien Manufaktur and/or its subsidiaries (“HMM”) (hereinafter “HMM website”) is permitted solely on the basis of these terms of use. These general terms of use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase of products and/or services. With log-in, or, if a separate log-in should not be required, upon using the website, the application of these terms of use shall be regarded as accepted in their respective version.

2. If the user acts in the use of the HMM website as or for a company, i.e. in the exercise of a commercial or self-employed professional activity, or for a public body, § 312e para. 1 sent. 1 no. 1-3 BGB does not apply.

3. For websites directed at companies or public bodies, the respective company or corporation is represented by the user and must be responsible for the user's actions and knowledge.

II. SERVICES

1. HMM provides certain information on the HMM website for viewing or download.

2. HMM is entitled to suspend at any time the operation of the HMM website in whole or part. Due to the nature of the internet and computer systems, HMM does not assume any guarantee for the uninterrupted availability of the HMM website.

III. REGISTRATION, PASSWORD

1. Some of the areas of the HMM website may be password protected. In the interest of the security of business transactions, access to these pages is only possible for registered users. There is no entitlement to registration by HMM. HMM in particular reserves the right to make previously freely accessible websites subject to the registration requirement. HMM is entitled at any time to revoke right to access through the blocking of the access data without being required to provide reasons for this; this is especially the case if the user

• has provided false information for the registration,
• has violated these terms or acted against duties of care in dealing with the access data,
• has violated applicable law in the access to or use of the HMM website, or
• has not used the HMM website for an extended period of time.

2. If registration is required, the user is obligated to provide truthful information for the registration and to notify HMM immediately (if required: online) in the event of any subsequent changes by keeping user data up to date. The user must ensure that the user receives the emails that are sent to the email address provided by the user.

3. After successful registration, the user will receive a username and password (also referred to hereinafter as “user data”). With first-time access, the user will be required to change the password provided by HMM into a password known only to the user. The user data allows the user to view, modify or revoke or expand any given consent to the data processing.

4. The user shall ensure that the user data is not accessible to third parties and is liable for all activities carried out under application of the user data. After use, the user must leave the password-protected area. Insofar as the user becomes aware that third parties are using the user data abusively, the user is obligated to inform HMM immediately in writing, if necessary in advance by simple email.

5. After receipt of the communication in III. 4., HMM will block access to the password-protected area with this user data. The suspension of the block is only possible after a separate request from the user to HMM or after new registration.

6. The user may at any time request in writing the deletion of the user’s registration, provided that the deletion does not preclude the settlement of ongoing contractual relationships. In this event, HMM will delete all user data and all other stored personal data of the user as soon as it is no longer needed.

IV. RIGHTS OF USE OF INFORMATION

1. The use of the information provided on the HMM website is subject to these terms or, in the event of updates, the license terms previously agreed to with HMM. Specially agreed license terms, e.g. when downloading information, supersede these terms.

2. HMM grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the HMM website to the extent that this is agreed or, if nothing is agreed, to the extent that it corresponds to the purpose pursued with the provision and release by HMM.

3. Information may not be distributed, loaned or otherwise left to third parties by the user at any time. Unless compelling legal regulations permit otherwise, the user may not change, redevelop or translate the information, nor may the user release parts of this information. The user may make a backup copy of the information if this copy is required to secure future use on the basis of these terms of use.

4. The information is protected by copyright laws as well as international copyright treaties and other intellectual property laws and agreements. The user shall respect these rights, in particular not to remove alphanumeric identifiers, trademarks and copyright notices from the information or copies thereof.

5. §§ 69a ff. of the German Copyright Act remain unaffected.

V. INTELLECTUAL PROPERTY

1. Notwithstanding the special provisions in IV. of these terms of use, information, brand names and other contents of the HMM website may not be altered, copied, reproduced, sold, leased, supplemented or otherwise used without prior written consent by HMM.

2. Outside of the expressly granted rights of use or other rights, the user is not granted any other rights of any kind whatsoever, in particular to the company name or industrial property rights such as patents, utility models or trademarks, nor does HMM have any obligation to grant such rights.

3. As far as the user places ideas and suggestions on the HMM website, HMM may use them free of charge for the development, improvement and distribution of the products from their portfolio.

VI. OBLIGATIONS OF THE USER

When using the HMM website, the user may not:

• violate good morals through the user’s behaviour;
• violate copyright or trademark law or other intellectual property law;
• transmit contents with viruses, so-called trojan horses, or other programming that could damage the software;
• enter, save or send hyperlinks or content to which it is not authorised, in particular where such hyperlinks or content represents a violation or is unlawful; or
• spread advertisements or unsolicited emails (so-called “spam”) or inapplicable warnings about viruses, errors or similar or to request participation in games of chance, snow-ball systems, chain letters, pyramid schemes or similar activities.

HMM may block access to the HMM website at any time, in particular if the user violates the obligations under these terms.

VII. LIABILITY FOR LEGAL AND MATERIAL DEFECTS

1. If information or documentation is provided free of charge, no liability exists for material and legal defects of the information and documentation, in particular for its correctness, freedom from defects, freedom from third-party protection and copyrights, completeness and/or usability - except in cases of intent or malice.

2. The information on the HMM website may contain specifications or general descriptions of technical possibilities of products, which do not always have to be present in individual cases (for example due to product changes). The desired performance characteristics of the products are therefore to be agreed in the individual case upon purchase.

VIII. OTHER LIABILITY, VIRUSES

1. The liability of HMM for legal and material defects shall be governed by the provisions of VII. of these terms of use. In addition, any liability of HMM is excluded, unless, for example, according to the Product Liability Act, it is mandatory due to intent or gross negligence, due to injury of life, body or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect, or due to the violation of essential contractual obligations. The compensation for damages due to a breach of essential contractual obligations, however, is limited to foreseeable damages typical of the contract, unless intent or gross negligence exists.

2. Although HMM always tries to keep the HMM website free of viruses, HMM does not guarantee that the website will be free of viruses. Before downloading any information or documentation, the user shall ensure the user has appropriate devices and virus scanners for the user’s own protection as well as the prevention of viruses on the HMM website.

3. A change in the burden of proof to the detriment of the user is not connected with the foregoing provisions in VIII. 1. and VIII. 2.

IX. EXPORT REGULATIONS

1. The export of certain information and documentation may be subject to approval, e.g. because of their nature, their intended use or their final destination. The user shall strictly observe the export regulations applicable to the information, software and documentation, in particular those of the EU or the EU Member States as well as the USA. HMM provides information, software and documentation regarding the approval requirements according to the German and EU export list as well as the US Commerce Control List.

2. The user shall in particular check and ensure that

• the information and documentation provided is not intended for armament, nuclear or military purposes;
• no companies or persons named in the US Denied Persons List (DPL) are supplied with US origin products, software or technology;
• no companies or persons named in the US Warning List, US Entity List or US Specially Designated Nationals List are supplied with US origin products without authorisation;
• no companies or persons listed in the list of Specially Designated Terrorists, Foreign Terrorist Organisations, Specially Designated Global Terrorists or the EU Terrorist List are supplied;
• no military recipients are supplied;
• the early warning instructions given by the competent German authorities are observed.
• Access to documentation or information on the HMM website may only occur only under compliance with the above-mentioned examination and assurance; otherwise HMM is not obliged to performance.

3. On request, HMM will provide the user with the relevant contacts for further information.

X. DATA PROTECTION

HMM observes the applicable data protection regulations as well as the HMM data protection guidelines, which are available on hyperlinks on the HMM website and/or at www.hokampmedien.de, for the collection, use and processing of personal data of the user of the HMM website.

XI. ANCILLARY AGREEMENTS, JURISDICTION, APPLICABLE LAW

1. Ancillary agreements required the written form.

2. If the user is a merchant in the sense of the Commercial Code, the court of jurisdiction is Osterode am Harz.

3. The individual pages of the HMM website are operated and managed by Hokamp Medien Manufaktur and/or its subsidiaries. The pages take into account the requirements of the country in which the responsible company is based. HMM assumes no responsibility that information, software and/or documentation may be accessed or downloaded from the HMM website, even in places outside the country concerned. If users access the HMM website from places outside the country concerned, they are solely responsible for complying with the relevant regulations in accordance with the applicable national law. Access to information, software and/or documentation on the HMM website from countries where this access is unlawful is not permitted. In this case, and if the user wants to enter into business relationships with HMM, the user should contact HMM representatives in that country.

4. German law applies to the exclusion of the UN purchase law.

XII. INFORMATION AND QUESTIONS

If you have questions concerning these terms of use, please contact the following address:

Hokamp Medien Manufaktur
Postfach 1114
37421 Bad Lauterberg
Germany

Or send us an e-mail message to: info@hokampmedien.de