LEGAL NOTICE

 

LEGAL NOTICE AND TERMS OF USE

Welcome to the ETS Verification Website. By using the website, you agree to follow and to be bound by our Privacy Policy and by the following terms and conditions concerning the use of the website ("Terms of Use"). We may revise the Terms of Use and Privacy Policy at any time without notice to you. There are areas of the ETS Verification Website that may have posted different terms of use. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the website, the latter shall have precedence with respect to the use of that area of the ETS Verification Website.

 

Scope

The use of the internet pages provided by ETS Verification GmbH ("ETSV") is only allowed on the basis of these Terms of Use. These Terms of Use may be amended, modified, or replaced by other terms and conditions. By starting the use of the ETSV Website, these Terms of Use are accepted in their currently posted version. If you act as a business customer while using the ETSV Website, the article § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code ("Bürgerliches Gesetzbuch") does not apply. You act as a business customer when you i.e. act either as an administration customer or not for purposes which are outside its trade, business, or profession.

 

Services

On the ETSV Website, ETSV offers specific information and software as well as related documentation for viewing or downloading. ETSV may stop the operation of the ETSV Website in full or in part at any time. Due to the nature of the internet and computer systems, ETSV cannot accept any liability for the continuous availability of the ETSV Website.

 

Password

Some pages of the ETSV Website may be protected by password. In the interest of safety and security of the business transactions, only registered users may have access to the protected pages. ETSV reserves the right for user registration for the protected area. You shall ensure that your login data will not be accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, you shall log-off from the password protected internet pages. If you become aware that third parties are misusing its User Data, you shall inform ETSV thereof without undue delay in writing, or, as the case may be, by e-mail. You may at any time demand the deletion of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such case, ETSV will delete all user data and other personally identifiable data of you as soon as these data are not needed anymore.

 

Rights of Use to Information, Software and Documentation

The use of any information, software, and documentation provided on the ETSV Website is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with ETSV. Separately agreed to license terms shall prevail over these Terms of Use. ETSV grants you a non-exclusive and non-transferable right to use the information, the software, and the documentation that are made available to you on the ETSV Website to the agreed extent. In case there is no such agreement, you may use the contents to the extent of the purpose that is intended by ETSV. Any use of software and accompanying documentation that you can download from the ETSV Website is subject to the terms of a ETSV License and Maintenance Service Agreement between you and ETSV. Information, software, and documentation may not be distributed by you to any third party at any time nor may it be rented or made available in any other way. Unless such is allowed by mandatory law, you shall neither modify the software or documentation nor shall disassemble it, reverse engineer, decompile the software, or separate any part thereof. You may make one backup copy of the software where necessary to secure further use. The information, software and documentation are protected by copyright laws as well as international conventions related to intellectual property. You shall observe such laws. In particular, you shall not remove any alphanumeric code, marks, or copyright notices neither from the information nor from the software or documentation. §§ 69a et seq. of the German Copyright Law ("Urheberschutzgesetz") shall not be affected hereby.

 

Intellectual Property

The intellectual property contained on this website is legally protected. This website does not grant any license to use the intellectual property owned by ETSV. Information, brand names, and other contents of the ETSV Website may not be changed, copied, reproduced, sold, rented, used, supplemented, or used otherwise in any other way without the prior written permission of ETSV. Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to you nor shall any duty be implied to grant rights to, such as, but not limited to, company's name or to intellectual property rights such as brands or utility models.

 

Your Duties

While using the ETSV Website, you shall not harm other persons or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; transmit, store, or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or distribute advertising or unsolicited e-mails (so-called "spam") or incorrect warnings of viruses or defects ETSV may deny access to the ETSV Website at any time, in particular if you breach any obligation arising from these Terms of Use.

 

Hyperlinks

The ETSV Website may contain hyperlinks to the Web pages of third parties. ETSV accepts no liability for the contents of such Web pages and does not make representations about them or endorse such Web pages or their contents as its own, as ETSV does not control the information on such Web pages and is not responsible for the contents and information given thereon. The use of such Web pages shall be at the sole risk of you.

 

Liability

The information that ETSV presents to you on this website is compiled and updated periodically. ETSV cannot make any guarantee that it is error- or virus-free. For this reason, ETSV disclaims and excludes all liability or warranty with regard to the accuracy, completeness, and up-to-dateness of the information provided on this website. There is no warranty of merchantability, no warranty of fitness for a particular use, and no other warranty of any kind, express or implied, regarding the information of this website. This website provides links to other websites. ETSV disclaims all liability and warranty with respect to any information obtained from and your interaction with any website that you reach by means of a link from this website. These websites are operated by separate companies. ETSV is also not responsible for the data protection precautions of the operators of such websites. In no case, ETSV or other companies mentioned at this site will be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site or any other websites linked to this site or the content contained at any or all such sites. This includes but is not limited to damages to computer system, data, or any personal objects resulting from downloading of material and/or data from this website or from websites reached by links from this website. ETSV reserves the right to undertake alterations or additions to the information or data provided at all times without further notice. All liability for forward-looking statements, which may content at ETSV Website, is expressly excluded.

 

Privacy policy

For collection, use, and processing of your personally identifiable data of the ETSV Website, ETSV shall comply with applicable laws on data privacy protection and the ETSV Website Data Protection Privacy Policy, which is available on the ETSV Website (Privacy Policy).

 

Applicable Law

The use of this Website and the interpretation of this Disclaimer shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law provisions. Any dispute arising out of this agreement shall be resolved by the courts in Germany. Through the continued use of this website, you agree to submit to the personal jurisdiction of the courts in Germany. ETSV and you agree that service of process may be made by electronic mail to the electronic mail address that was used when accessing this website. The place of jurisdiction shall be Münster if you are a merchant in terms of the German Commercial Code ("Handelsgesetzbuch"). ETSV may change this Disclaimer at any time without notice to you and without liability to you or any other party. It is your responsibility to periodically check this Disclaimer for changes. If you do not agree to any changes made to the Disclaimer, you should cease use of this website. Continued use of this website signifies acceptance of any changes made to the Disclaimer.

 

Usage of the Website

ETSV makes no representation that information, software, and/or documentation on the ETSV Website are appropriate or available for viewing or downloading at locations outside of Germany. If users access ETSV Website from outside of Germany, they are exclusively responsible for compliance with all local laws. Access to ETSV Website's information, software, and/or documentation from countries where such content is illegal is prohibited. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of law rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. Any supplementary agreement requires the written form. Indemnity You agree to defend, indemnify, and hold harmless ETSV, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, that may arise out of or may be connected with the access or the usage of the ETSV Website.

 

Copyright Copyright

ETS Verification GmbH, Altstadtparkplatz 3, D-49545 Tecklenburg, Germany. All rights reserved. The content including pictures and the design of the ETS Verification Website are subject to copyright protection and other laws for the protection of intellectual property. Any dissemination or alteration of the content of these pages or of the frames or similar measures is permitted. Moreover, these contents may not be copied, disseminated, modified or made available to third parties for commercial purposes.

 

Contact ETSV

If you have any questions or comments about our privacy statement or practices, please contact us. ETSV reserves the right to modify or update this Legal Notice and Terms of Use at any time without prior notice.

26/06/2013