§ 1 SCOPE
1. The website www.channelpilot.com is operated by Channel Pilot Solutions GmbH, Lilienstraße 5-9, Semperhaus C, 20095 Hamburg (“Website Operator”).
2. These Conditions of Use in the version currently in force at the time of use are solely applicable to the use of the website, www.channelpilot.com, and the options of use provided there, unless these are dependent on a contract concluded with Channel Pilot Solutions GmbH.
3. The Channel Pilot Solutions GmbH General Terms and Conditions of Business, which can also be accessed on the website under the heading GTC, apply to orders for the Channel Pilot Solutions GmbH web-based multichannel, online placement service (“Service”) through the online ordering option on the website, to the conclusion of contracts and the subsequent use of the Service, as well as to all other supplies and services from Channel Pilot Solutions GmbH.
4. These Conditions of Use apply also where a registration with log-in is required for particular areas of use of the website, for instance the preparation of a demo account for the Service.
5. By using the website (with or without log-in) the User accepts these Conditions of Use.
§ 2 contents
1. All rights to structure, design and contents of the website, in particular copyright and intellectual property rights in software, texts, images and graphics, together with rights in trademarks portrayed and commercial identification markings shall remain exclusively with the Website Operator or the relevant holders of the rights. Copying or downloading of software, designs, contents of parts thereof shall only be permitted, where the website operator expressly offers this with respect to individual contents (for example, a demo account for the Service) or has consented in textual form to reproduction or use. In such cases the User shall receive a non-exclusive right of use, which is revocable at any time, cannot be assigned or sublicensed and is restricted as far as content is concerned to the in-house business purposes of the User.
2. Apart from intent, the Website Operator accepts no liability for the correctness, completeness and topicality of the information and contents on the website, including options for use of the website, which have been planned free of charge, in email, newsletters or other promotional material; these are intended for information and promotional purposes only and are without obligation. This shall apply unless the Website Operator concludes another agreement with the User or is prepared to accept responsibility for the correctness, completeness or topicality of the information or contents.
§ 3 OPTIONS FOR USE WITH REGISTRATION
1. Apart from actual use of the Service (for which the GTC apply) Channel Pilot Solutions GmbH offers certain functions on the website, for which registration as a User is similarly required, for example the use of a demo account. The Website Operator may withdraw such cost-free options for use at any time without giving reasons or may block the User’s account. The Website Provider accepts liability for damage arising from and in connection with such cost-free options for use solely in cases of intent or gross negligence.
2. There is no right to registration or use of the cost-free website offers. The Website Provider expressly reserves the right to refuse registration.
3. If registration is envisaged, the User shall be obliged to fill out completely and truthfully the form provided for the purpose by the Website Provider. On completion of his registration the User shall make certain that the data communicated by him is correct and complete. The User must notify the Website Provider without delay of any subsequent amendments to his details.
4. Once registration is completed and provided that the Website Operator does not refuse registration, the User shall receive a user name and password. The User shall be obliged to modify the password to a password known only to him the first time he logs on to the system.
5. The User shall be obliged to keep the password and the entire user name secret, to store it separately and not to pass it on to third parties. If the User becomes aware that third parties have acquired knowledge of or are using the password and/or his user name, he must notify the Website Operator without delay. The User is responsible for all transactions conducted using his user name; in particular, he is liable for any orders placed by unauthorised third parties using his user name and the claims and liabilities arising therefrom.
6. On receipt of a notification of unauthorised use of the user name in accordance with the previous paragraph, as well as in the case of other breaches by the User of these Conditions of Use, the Website Operator shall block the User’s access to the password-protected area of the website. The Website Operator is not obliged to unblock the account or to set up a new account for the User. In every case a block placed on the account shall be removed only when the breach has been demonstrably remedied.
7. The User himself may request at any time in textual form the deletion of his registration, unless this conflicts with the implementation of current contractual relationships. When registration is deleted, the Website Operator shall delete all user data and other personal data stored as regards the User, as soon as he no longer has need of these.
8. The website is a voluntary and free service provided by Channel Pilot Solutions GmbH, which is available “as is”, meaning that it is provided in the actual condition and status offered. The user is neither entitled to the usability or availability of specific services nor other services. Channel Pilot Solutions GmbH is entitled to cease or limit offering the website at any time without prior notice or specifying reasons.
§ 4 DUTIES OF THE USER
1. The User must not use or allow others to use the website and the options for use provided under these Conditions for Use (for instance, the demo account) in an unlawful or improper manner; this applies in particular to transacting busi-ness relating to subject-matter, which breaches legal provisions. In particular providers of Internet offers (e.g. product ranges, downloads, links to such offers) with content prohibited by law, in particular extreme, racist, pornographic, abusive contents, or contents which incite to violence, or any other inadmissible contents are excluded from the use of this website. Users with demonstrably unsound business practices are similarly excluded from the use of this web-site.
2. Furthermore, the User shall ensure that all applicable legal provisions (for example data protection and consumer protection law, in particular where data transfer is facilitated by means of the options for use of the website) and industrial property rights, copyright and other rights of third parties are complied with during use of this website.
3. The User shall hold the Website Operator harmless from all de facto and asserted claims by third parties, including the costs of legal proceedings, which rely on actions or omissions of the User, in particular from claims, which rely on unlawful or improper use of the options for use on the website or the non-compliance with applicable provisions or a breach of third party rights by the User or committed with the consent of the User. If the User is aware or can be expected to be aware that such a breach is threatened, he shall notify the Website Operator without delay.
4. When using the website, in particular in connection with downloading contents and/or transferring data (insofar as this is permitted by the Website Operator as part of its cost-free options for use) the User shall ensure in his spheres of organisation and responsibility that he has implemented sufficient measures, which correspond to the current state of technology, in the interests of data and information security, in particular regular data storage and protection and the necessary security precautions (e.g. firewalls and encryption software).
§ 5 HYPERLINKS
1. The website may contain hyper-links to the websites of third parties. The Website Operator has no influence on the content and design of third-party websites, to which it refers by means of the link. The Website Operator does not adopt the contents of the linked sites as its own and expressly distances itself therefrom.
§ 6 LIABILITY
1. Because there is public access and the possibility that unauthorised third parties may manipulate contents, there are risks related to the use of the Internet. By using the Internet the User is acknowledging these risks. While in his use of the options for use on the website the User is not acting as a contractual customer of the Website Operator, for which purpose the Channel Pilot Solutions GmbH General Terms and Conditions of Business (GTC) apply, the Website Operator accepts no liability, other than for intent, for the constant, uninterrupted availability of or for technical or electronic failures on its online offer.
2. Unless the liability of the Website Operator has been excluded under the foregoing paragraph, and while the User is not acting as a contractual customer of the Website Operator, because the options for use provided and valid under these Conditions of Use are free of charge, the Website Operator shall be liable solely for intent and gross negligence, irrespective of the legal basis of any claim.
§ 7 DATA PROTECTION
§ 8 OTHER
1. German law is solely applicable to the legal relationship between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. If the User is a merchant, a legal entity under public law or a special fund under public law, the sole Court of jurisdiction for all disputes arising from and in connection with this contract is Hamburg.
3. Channel Pilot Solutions GmbH reserves the right to change these terms and conditions of use at any time with future effect. Channel Pilot Solutions GmbH will notify the user of the changed terms and conditions of use prior to the scheduled effective date and notify the user of the new regulations and the scheduled date they become effective. If no statement is received within the period stated, the user is considered to have agreed to the new terms and conditions of use.
4. In the event that individual provisions of these Conditions of Use are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.