We provide our website users with the ‘dealer recommendation’ function. The user can use this function to select specialist dealers and send their address data to selected recipients by e-mail or text message. In doing so, the user independently enters the recipient and his address data (e-mail address or mobile phone number). We then create the message content (dealer address data and legally required company details). The user cannot change or expand on the text when using text messaging but can add contents to the subject line and the message text when using e-mail. Messages are sent in unencrypted format and will not be sent if the recipient informs us that they are not desired.
2. Our Responsibilities
The ‘dealer recommendation’ function is an optional and free of charge service offered by us, which can be discontinued or restricted at any time. We do not check the accuracy of the address data supplied by the user and do not guarantee the availability of the function or that e-mails or text messages can be successfully sent and accessed.
3. User Responsibilities
The user confirms that the recipient agrees to receive a message.
With the exception of the dealer address data supplied by us, the user is solely responsible for the contents which are generated, selected and sent by him, his representatives or other persons with access to his access. To the extent the user can add or create content, he must not publish contents which violate applicable laws, in particular content which is illegal, in breach of contract, infringes copyright or is offensive. The ‘dealer recommendation’ function must not be used to send spam e-cards or any other form of advertising or marketing messages or chain letters.
4. Liability of the User for his Behaviour
The user is liable towards us for breaches of his contractual or legal obligations in accordance with the legal regulations.
In addition, the user indemnifies us from any third-party claims asserted against us due to an infringement of third-party rights through his use. In the event that a user is in breach of his obligations, applicable laws or common decency, we reserve the right to temporarily or permanently block his usage of our website.
Information on Data Protection
If you use our ‘dealer recommendation’ function, we will collect and use the e-mail addresses, mobile phone numbers and names which you have provided for the sender and recipient as well as any message you have entered within the scope allowed by law and in accordance with our information on data protection notices.
Hansgrohe SE (hereinafter “Licensor”) is the owner of copyright or owner of an exclusive licence to the copyright to the video/film material (hereinafter the “rights”).
The Licensor is also owner of the trademark rights to the products of the Licensor; however, the subject of this contract is not a trademark licence, and nothing in these Terms and Conditions of Use shall imply the existence of or create a trademark licensing agreement.
Moreover, the subject of these Terms and Conditions of Use shall not imply the existence of or create a distribution arrangement of any kind.
The video/film material provided on this website is offered exclusively on the basis of the Terms and Conditions of Use here described. By using or downloading the video/film material (hereinafter “material”), the recipient (hereinafter “Licensee”) accepts these Terms and Conditions of Use.
The Licensor hereby grants the Licensee a non-transferable, non-exclusive licence, which may be revoked at any time, to use the material for the sole purpose of offering and selling the Licensor's products.
The Licensee is entitled to use the material solely subject to the rights, as acquired within the normal course of business. However, the Licensee is not entitled to receive or be provided with any such material from the Licensor.
The Licensee may not misuse this licence or the material subject to the rights.
The Licensee is not entitled to issue sub-licences.
The Licensee may not at any time exercise the rights in any way other than the usage described, and shall not take any steps that could contravene the content or purpose of these Terms and Conditions of Use. Furthermore, the Licensee shall refrain from any activity that may reasonably be expected, in all probability, to have an adverse effect on the value, the validity or the enforceability of a licensed right or on the Licensor's ownership of such.
The Licensee shall observe, in particular, the type and duration of use granted for the material in question.
Royalties will not be charged.
The Licensee hereby acknowledges that within the Licensee/Licensor relationship the Licensor is the sole owner of the rights, that these are and shall always remain the sole and exclusive property of the Licensor and that, with the exception of the licence granted herein, the Licensee has not acquired any further rights or entitlements to the rights. The Licensee shall not challenge the Licensor's ownership of the rights.
Upon termination of the licence due to cancellation or expiry, all rights to the material granted to the Licensee shall automatically expire. The same shall also apply on expiry of the duration of use granted for the material in question. The Licensee must immediately cease exercising the rights and using the material subject to the rights.
The Licensor does not guarantee the validity of the rights and provides no guarantee that the rights may be exercised without infringement of third party rights.
The Licensee undertakes to indemnify and hold the Licensor harmless from and against any and all claims, actions, losses, damages and expenses (including, but not limited to, legal expenses and lawyer fees), which are caused by acts of the Licensee in connection with, or due to the use of, the material.
The Licensee must immediately notify the Licensor in writing of any infringement of, or challenge to, the rights of the Licensor to the material that he becomes aware of. The Licensor has the exclusive right, but no obligation, to take defensive action or initiate proceedings against infringing parties.
The rights are granted to the Licensee for the material in question up until the expiry of the date indicated. On expiry of this date, all rights to the corresponding material shall expire without requiring a separate notice of termination.
Exercise of the rights shall not imply the existence of or create an agency agreement between the Licensor and the Licensee.
No rights or obligations resulting from the licence may be assigned or transferred without the written consent of the Licensor. Any attempt to assign or transfer on the part of the Licensee shall entitle the Licensor to terminate the licence with immediate effect.
All rights are subject to the law of the Federal Republic of Germany. The Licensee hereby submits - as far as is permissible – irrevocably to the non-exclusive jurisdiction of the courts of Offenburg. The Licensor reserves the right to also raise a claim against the Licensee at another competent place of jurisdiction.
These Terms and Conditions of Use shall replace any prior agreements in existence between the Parties concerning the material.
The Licensor reserves the right to make changes to these Terms and Conditions of Use at any. Changes relating to previously provided rights must be made in writing.
If a provision of these Terms and Conditions of Use should be declared invalid or unenforceable, the Parties hereby agree to replace this provision with one that is valid and enforceable and which comes as close as possible to the economic purpose of the invalid provision.
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