These General Conditions of Use may in individual cases be governed by other conditions, e.g. supplemented, modified or replaced for the purchase or sale of products and / or services
If the use of the IBODigital website in the exercise of a commercial or independent professional activity or for a public corporation, §312e para. 1 p. 1 No. 1 – 3 of the Civil Code of the Federal Republic of Germany does not apply.
Contents of the IBODigital website
IBODigital GmbH holds on the IBODigital website without engagement, without obligation and without claim to completeness certain information and software, if necessary together with documentation, for retrieval or download.
IBODigital GmbH is entitled to discontinue the operation of the IBODigital website at any time in whole or in part without prior notice or to change the content. Due to the nature of the Internet and computer systems, IBODigital GmbH can not guarantee the uninterrupted availability of the IBODigital website.
Some pages on the IBODigital website may be password protected. Access to these pages is only possible for registered users in the interest of business security.
There is no claim to registration by IBODigital GmbH. In particular, IBODigital GmbH reserves the right to subject hitherto freely accessible websites to a registration obligation. IBODigital GmbH is entitled at any time to revoke the access authorization by blocking the access data without any reason being required, in particular if the user:
- made incorrect information for the registration,
- violated these conditions or his due diligence in dealing with the access data,
- has violated applicable law in accessing or using the IBODigital website, or
- the IBODigital GmbH has not used over a longer period of time.
If a registration is planned, then the user is obligated to make truthful information for the registration and to inform these IBODigital GmbH (if provided: online) with possible, later changes. The user will ensure that he receives the emails sent to the e-mail address provided by him.
After registration, the user receives the user name and password (hereinafter also: “user data”). Upon first access, the user will change the password provided by IBODigital GmbH to a password known only to him. The user data enables the user to view, modify or, if necessary, to revoke or extend his consent to data processing.
The user ensures that the user data is not accessible to third parties and is liable for all orders made under the user data and other activities. After each use leave the password-protected area. Insofar as the user becomes aware that third parties are misusing the user data, he is obliged to inform IBODigital GmbH immediately in writing, possibly in advance by simple email.
Upon receipt of this notification, IBODigital GmbH will block access to the password-protected area with these user data. The suspension may only be lifted after a separate application from the user to IBODigital GmbH or after a new registration.
The user may at any time in writing request the deletion of his registration, provided that the cancellation does not conflict with the execution of current contractual relationships. In this case IBODigital GmbH will delete all user data and all other stored personal data of the user as soon as they are no longer needed.
The use of the information, software and documentation provided on the IBODigital website is subject to these conditions or, in the event of updates to information, software or documentation, the terms and conditions previously agreed with IBODigital GmbH and applicable license terms. Separately agreed license terms precede these conditions.
IBODigital GmbH grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the IBODigital website to the extent as agreed or, if not agreed, to the provisioning and Transfer of IBODigital GmbH pursued purpose corresponds.
Software is only provided in machine-readable form. There is no right to release the source code. Excluded are source codes of open source software whose license terms, which have priority over the passing of open source software over these conditions, prescribe the publication of the source code. In this case, IBODigital GmbH will provide the source code for reimbursement.
The information, software and documentation are protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The user will respect these rights, in particular not remove alphanumeric identifiers, trademarks and copyright notices from the information, the software, the documentation or any copies thereof.
Otherwise, §§ 69a et seq. Of the Copyright Act remain unaffected.
Beyond the rights of use or other rights expressly granted herein, the User shall not be granted any further rights whatsoever, in particular the company name and industrial property rights, such as patents, utility models or trademarks, nor shall IBODigital GmbH make a corresponding duty to grant such rights.
References and links
Disclaimer for legal and material defects, viruses
Insofar as information, software or documentation is provided free of charge, liability for material and legal defects of the information, software and documentation, in particular for their correctness, freedom from errors, freedom from intellectual property rights of third parties, completeness and / or usability – except in the case of intent or malice – excluded.
The information on the IBODigital website may include specifications or general descriptions of technical capabilities of products that may not always be available 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 when buying.
The liability of IBODigital GmbH for material defects and defects of title is governed by the provisions in this section of these conditions. Incidentally, any liability of IBODigital GmbH is excluded unless liability under the Product Liability Act, intent, gross negligence, injury to life, limb or health, the assumption of a guarantee of quality, fraudulent concealment of a defect or breach of essential contractual obligations. However, damages for breach of essential contractual obligations are limited to foreseeable damages typical for the contract, unless intent or gross negligence exists.
IBODigital GmbH makes every effort to keep the IBODigital website virus-free, however, IBODigital GmbH can not guarantee virus-freedom. Before downloading information, software and documentation, the user is required to provide proper protection and virus scanners for their own protection, as well as to prevent viruses on the IBODigital website.
A change of the burden of proof is not connected with the above regulations.
Obligations of the user
The user may not, when using the IBODigital website:
- cause damage to persons, especially minors, or violate their personal rights,
- offend against public decency with his usage behaviour,
- violate industrial property rights, copyrights or other property rights,
- transmit content with viruses, so-called Trojan horses or other programming that can damage the software,
- enter, save or send hyperlinks or content to which he is not authorized, in particular if these hyperlinks or contents which violate confidentiality obligations or are unlawful, or
- distribute advertising or unsolicited emails (so-called “spam”) or false warnings about viruses, malfunctions and the like, or encourage participation in sweepstakes, chain letters, pyramid schemes and similar actions.
IBODigital may block access to the IBODigital website at any time, in particular if the User violates its obligations under these Terms.
The export of certain information, software and documentation may – e.g. due to their nature or intended use or end-use – be subject to authorization. The user will strictly observe the export regulations relevant to the information, software and documentation, in particular the EU or the EU Member States as well as the USA. If necessary, IBODigital GmbH identifies information, software and documentation regarding the licensing requirements according to the German and EU export list as well as the US Commerce Control List.
The user will in particular check and make sure that:
- the information, software and documentation provided are not intended for use in armaments-related, nuclear or weapon technology;
- no companies and individuals named in the US Denied Persons List (DPL) are supplied with US originating goods, software and technology;
- no companies and individuals named in the US Warning List, US Entity List, or US Specially Designated Nationals List are served with US originating products without authorization;
- no companies or persons named in the list of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the EU Terrorist List are supplied;
- no military receivers are supplied, and
- the early warnings of the competent German authorities are observed.
The access to information, software and documentation on the IBODigital website may only take place if it complies with the above-mentioned examination and assurance; otherwise IBODigital GmbH shall not be obliged to perform.
Upon request, IBODigital GmbH will provide the user with the relevant points of contact for further information.
Protection of personal data
Additional agreements, place of jurisdiction, applicable law
If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction is Munich, Germany.
The IBODigital website is operated and managed by IBODigital GmbH. It takes into account the requirements of the Federal Republic of Germany in which the IBODigital GmbH has its headquarters. IBODigital GmbH assumes no responsibility for the retrieval or downloading of information, software and / or documentation from the IBODigital website in locations outside the Federal Republic of Germany. If users access the IBODigital website from locations outside the Federal Republic of Germany, they are solely responsible for complying with the relevant provisions of the respective state law. Access to information, software and / or documentation on the IBODigital website from countries where this access is unlawful is not permitted
German law applies to the exclusion of the UN purchase law.