Terms of Service and Use

 

The present websites (hereinafter referred to as "OS.bee Websites") are offered to you by the Compex Sys-temhaus GmbH, Hebelstraße 22, 69115 Heidelberg, Germany (hereafter referred to as "we"). By using the OS.bee Websites, you accept the present Terms of Service and Use (hereinafter referred to as "Terms of Use").

1    Scope of the Terms

1.1    Subject to these Terms of Use you may use of the OS.bee Websites, including the data, services, functions, applications and documentation (hereinafter collectively referred to as "Services") accessi-ble to you thereon. In addition, our Data Protection Policy applies.

1.2    We provide the OS.bee Websites and the Services exclusively to entrepreneurs who or which act in exercise of their trade, business or profession, as well as to public bodies. Thus, only entrepreneurs and the employees appointed by companies or public bodies are entitled to use the OS.bee Websites and the Services. The respective company or public body is represented by you as users and your actions and knowledge is attributable to this company or public body.

1.3    Specific license terms apply to the use of the software products, which are available for download in the “Download” area. Whenever you, being a registered user, purchase software products or other services in the "Solutions" area of the OS.bee Websites on a chargeable or non-chargeable basis, such products and services are exclusively subject to the terms and conditions applicable to the of-fered product or service, as the case may be. Such separate terms and conditions will be provided to you prior to the order in electronic form for the purpose of information and acceptance.

1.4    § 312i par. 1 sentence 1 No. 1 to 3 of the German Civil Code does not apply to the software products and other services offered in the "Solutions" area. This means that we are not obliged (i) to provide you with reasonable, effective, and accessible technical means with the aid of which you may identify and correct input errors prior to making your order, (ii) to communicate to you clearly and comprehen-sibly the e-commerce contract related information required by law in good time prior to sending your order, and (iii) to confirm receipt of the order without undue delay by electronic means for you.

2    Services and Amendements

2.1    Depending on whether you use the basic functions of the OS.bee Websites which do not require a registration or you decide to use the extended functions (e.g., forum, commentary on the blog), you can access various Services on the OS.bee Websites.

2.2    The OS.bee Websites are an agile system and their further development is up to our discretion. We reserve the right to reduce or increase our offer on the OS.bee Websites at any time, to change it, or to deactivate it. You are not entitled to any specific access rights, usage rights or Services. We are completely free to amend the structure, the content and the functions as well as all access and utiliza-tion possibilities at our discretion at any time. Any contracts concluded between you and us shall re-main unaffected.

3    Improper Use

3.1    Your use of the OS.bee Websites must not violate the applicable law or offend good manners. In par-ticular, the dissemination and retrieval of immoral, unethical, pornographic, political and religious ex-tremist or racist content is prohibited anyway. This includes the visiting or linking of Internet pages, which provide criminal files or information for downloading (e.g., help with copyright infringements, support of terrorism). Furthermore, you are not allowed to use the OS.bee Websites for

• attempting to retrieve information and data illegally or to gain unauthorized access to data networks (prohibition of hacking, cracking, denial of service attacks, etc.),
• causing an excessive load on the Internet due to inappropriate or improper dissemination of data (prohibition of chain mail, e-mail spamming, junk e-mail, multi-posting, cross-posting, etc.),
• spreading computer viruses, so-called Trojan horses or other malicious software and
• infringing third-party copyrights, use and other proprietary rights.

3.2    In case of your breach of the above restrictions, you are obliged to indemnify us for any damages resulting therefrom. In addition, you must indemnify from and hold harmless us against all claims asserted by a third party against us based on your breach. The aforesaid obligations do not apply when the breach is not attributable to you.

4    User Account

4.1    Some functions of the OS.bee Websites are only available to you as a registered user. It is at our discretion whether to establish a user account for a user or not. Anyway, we do not set up a user account for consumers, i.e. persons who do not use our Services primarily for their commercial or self-employed activities. In the course of the registration, you must provide true information and you are obliged to include any later changes in your user account immediately.

4.2    After your registration, you will receive an e-mail from us with a link to confirm your registration. We will not set up your user account before you have clicked on the confirmation link in this e-mail and we have received your confirmation (so-called double-opt-in procedure). With this confirmation, you also declare that you are the owner of the e-mail address you provided and that you wish to set up the user account. If your confirmation does not arrive within twenty four (24) hours, your registration will automatically be deleted from our database.

4.3    The access to the user account is password protected. You must not make access to your access data (e-mail address and password) to third parties. As soon as you become aware that a third party misuses your access data, you must immediately notify us by e-mail to info@osbee.org and change your access data. You are responsible for all acts, uses and orders that have been made with your access data. Should you ever forget your password, we will send you a new temporary password when you click on the link “Forgot password?” below the login form.

4.4    We are entitled to block your user account with immediate effect or to limit your use if we have a spe-cific suspicion that you are misusing your user account or our Services, which we offer on the OS.bee Websites. A misuse is deemed to be given, in particular, in the case of improper use as specified in section 3, incorrect information on registration and violation of your due diligence regarding the access data. In addition, we are entitled to block your user account if we have reasonable grounds to suspect that unauthorized third parties have been aware of your access data or are misusing it. The blocking or limitation of use may only be as low as possible and only be carried out as far as is necessary in order to prevent misuse. As soon as the suspicion of misuse ceases to exist, we will revoke the usage blocking or limitation and without undue delay release the access to your user account.

4.5    You and we may terminate your user account at any time without cause. If you wish to terminate you can delete your user account at any time via the delete function of your user account. In addition, we are entitled to delete your user account without prior notice provided that you have not used it for a period of more than twelve (12) months. Any contracts concluded between you and us remain unaffected by the deletion of your user account. We will block or delete your User Data and other stored personal data in accordance with our Data Protection Policy.

5    Forum and Blog

5.1    You can actively participate in the OS.bee community by writing posts, replying to or subscribing to posts in the forum or by adding comments to our blog entries. For the use of these functions of the OS.bee Websites, a user account is required which is subject to the provisions provided in section 4.

5.2    You can also subscribe to blog entries. When you subscribe to our blog, we will use your name and e-mail address also to send you personalized messages. For the creation of personalized messages, we use marketing automation tools. To do this, we deploy the marketing automation tools to evaluate your activities in the forum and exploit the user data of your user account. Furthermore, we take into consideration the software products and other services you purchased in the „Solutions“ area of the OS.bee Websites or that have been stored by you in your user account as “saved carts”.

5.3    The rules of netiquette apply to the forum and the blog. Be polite, friendly and tolerant. Treat the other users the same way you want them to treat you. Taking the aforesaid into consideration, the following is not permitted, even not in the form of placing links:

• machine-generated contributions or comments as well as spam of any kind
• offering products and services and other commercial advertising
• content that primarily serves SEO purposes
• slanders, insults and personal attacks
• offensive, discriminatory, infringing, other illegal or criminal content (e.g., infringement of copyright)
• political statements and calls for demonstrations of all kinds

The permissible language in the forum and in the blog is English.

5.4    The forum is moderated by the persons responsible for the specific topic. The posts you write in the forum will be added to the forum without prior review. Nevertheless, the moderators spot-check the compliance with the rules set forth in section 5.3 above. The comments on the blog will randomly be checked by the moderator and if a comment does not comply to before metioned rules it will be re-moved. This prior checking aims to safeguard the compliance with the rules set out in section 5.3 above as well. We reserve the right to reject or abbreviate content, especially if it does not meet the requirements of section 5.3. However, we are not obliged to mark any abbreviations of text or to send you information concerning this matter.

5.5    We will store all posts to the forum as well as all comments to the blog for an unlimited period of time. We process and use your posts and comments to make them accessible to all users of the OS.bee Websites, including those who do not have a user account. All contributions are thus freely and publicly accessible on the Internet. Other users logged into a user account can also quote, comment, and reply to your posts in the forum and add comments to the blog. In our forum, all users of the OS.bee Websites see the pseudonym, the date of registration of your user account and the number of posts you have written.

5.6    When you post a contribution to the forum or post a comment on the blog, you grant us a non-exclusive, perpetual, worldwide, free-of-charge usage right to publish your contribution or comment. By granting the aforementioned right of use, you authorize us to store, use, abbreviate and publish your posting or comment, under the name or pseudonym specified by you, on the OS.bee Websites by means of dissemination, broadcasting and granting public access subject to the provisions set forth in sections 5.4 and 5.5.

6    Usage Rights to the Content of the OS.bee Websites

The use of the software, documentation, materials and information (hereinafter collectively referred to as "Protected Material") provided on the OS.bee Websites is subject to the relevant license terms ap-plicable to the Protected Material in question. If we do not put any license terms forward for the Pro-tected Material on the OS.bee Websites, we do not grant any rights of use, property rights or other rights. However, you do not acquire any rights to company names, domain names or industrial property rights, such as patents, trademarks and registered designs.

7    Data Protection

We act in accordance with the data protection laws of the Federal Republic of Germany and the data protection regulations of the European Union. Detailed information regarding data protection has been set forth in our Data Protection Policy, where you can learn how we deal with your personal data and, in particular, which data we collect, process, and use for what purposes.

8    Limitation of Liability

8.1    To the extent our Services are deemed a donation we are only liable for intent and gross negligence; sections 8.2, 8.3, 8.6 and 8.7 shall apply. In all other cases, our liability shall be governed by the pro-visions set forth in sections 8.2 to 8.7.

8.2    We shall be liable in the case of intent, fraud, the German Product Liability Act, the absence of a quality guaranteed by us, as well as for damages arising from injury to life, body or health, in accordance with the statutory provisions.

8.3    If we are guilty of gross negligence, liability shall be restricted to the foreseeable loss that is typical under the contract.

8.4    In the case of slight negligence, we shall not be liable for any legal ground whatsoever unless an im-portant contractual obligation is contravened, i.e. an obligation the non-performance of which will make the proper conduct of the contract impossible and which you normally expect, and are entitled to expect, to be maintained (e.g. obligation to avoid product piracy). In this case, our liability shall be restricted to the foreseeable loss that is typical under the contract.

8.5    To the extent not otherwise stipulated in this section 8 above, we exclude any further liability for dam-ages or reimbursement, irrespective of the legal ground.

8.6    The limitations of liability agreed in this section 8 shall also apply in favour of our legal representatives and vicarious agents.

8.7    The above provisions of this section 8 shall apply accordingly if we are obliged to refund expenditure instead of paying compensation.

9    Severability, Venue and Choice of Law

9.1    Should any provisions of these Terms of Use be or become invalid or unenforceable, then the validity of the remaining provisions hereof will not be affected thereby. The invalid provision must be replaced by a valid provision, which most closely achieves the purpose pursued by the invalid provision. The same rule applies if in performing the contract an omission or contractual gap becomes apparent.

9.2    Exclusive place of jurisdiction for all disputes arising from or connected with these Terms of Use shall lie with the courts of Heidelberg am Neckar, Federal Republic of Germany.

9.3    These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (Convention on Contracts for the International Sale of Goods of 11 April 1980).