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44u Marketing oHG
Im Knick 1c
27777 Ganderkesee
Tel. +49-4222-400 00 60
Fax +49-4222-400 00 65
E-Mail:
Geschäftsführende Gesellschafter
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Dipl.Oec.
Jens Janßen |
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Dipl.Ing.
Holger Kromminga |
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Lothar Wuth (PSEM) |
Amtsgericht Oldenburg - HRA 140837
St-Nummer: 57 / 221 / 04805
USt-ID Nr.: DE 204 850 114 |
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44u Marketing oHG Web
Site Agreement
The 44u
Marketing oHG Web Site (the "Site") is an online information service
provided by 44u Marketing oHG ("44u Marketing oHG "), subject to
your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
44u Marketing oHG MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are 44u Marketing oHG, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to 44u Marketing oHG a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to 44u
Marketing oHG by all means and in any media now known or
hereafter developed. You also grant to 44u Marketing oHG the
right to use your name in connection with the submitted
materials and other information as well as in connection with
all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against 44u
Marketing oHG for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to 44u Marketing oHG.
TRADEMARKS
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of 44u
Marketing oHG. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of
the Site.
You
understand that, except for information, products or services
clearly identified as being supplied by 44u Marketing oHG, 44u
Marketing oHGdoes not operate, control or endorse any
information, products or services on the Internet in any way.
Except for 44u Marketing oHG- identified information, products
or services, all information, products and services offered
through the Site or on the Internet generally are offered by
third parties, that are not affiliated with 44u Marketing oHG a.
You also understand that 44u Marketing oHG cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction
of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. 44u Marketing oHG PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND 44u Marketing oHG
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. 44u Marketing oHG DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
44u Marketing oHG HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL 44u Marketing oHG BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF 44u Marketing oHG OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, 44u Marketing oHG LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
44u
Marketing oHG makes no representations whatsoever about any
other web site which you may access through this one or which
may link to this Site. When you access a non-44u Marketing oHG
web site, please understand that it is independent from 44u
Marketing oHG, and that 44u Marketing oHG has no control over
the content on that web site. In addition, a link to a 44u
Marketing oHG web site does not mean that 44u Marketing oHG
endorses or accepts any responsibility for the content, or the
use, of such web site.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless 44u Marketing oHG,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third
Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of 44u Marketing oHG and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against
you on its own behalf.
5.Term;
Termination.
This
Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with
the laws of Germany applicable to agreements made and to be
performed in Germany. You agree that any legal action or
proceeding between 44u Marketing oHG and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Germany . Any cause of action
or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. 44u Marketing
oHG's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. 44u Marketing oHG may assign its
rights and duties under this Agreement to any party at any time
without notice to you.
Any rights
not expressly granted herein are reserved. |
