Conditions of Use
For the provision of the dealer recommendation feature by Hansgrohe USA the following conditions of use apply.
We provide the users of our website with the dealer recommendation feature. With the aid of the Shopfinder, the user can select retailers and then send their address data to recipients selected by him/her via e-mail or text message. The user thereby enters the recipients and their address data (e-mail address or cell number) himself/herself. We then create the message content (dealer address data and required imprint details). In case of text messages, the user cannot change or supplement the text. In case of e-mails, the user can additionally insert contents in the reference line and in the message text. Messages are sent unencrypted and will not be sent in the event of a corresponding declaration to us by the recipient.
2. Our responsibilities
The provision of the dealer recommendation feature is a voluntary and free service that we provide, which can be terminated or restricted at any time. We shall not check the accuracy of the recipient address details entered by the user and cannot guarantee the availability of the feature, or that e-mails or text messages will be successfully sent and received.
3. Responsibility of the user
The user confirms that the recipient has agreed to receive a message.
With the exception of the dealer address details provided by us, the user shall be solely responsible for the contents selected and sent by him/her, his/her representatives or other people with access to his/her access details. If the user can add to or create contents, he/she must not breach current laws in doing so. This shall particularly include not being permitted to distribute any contents that are illegal, offensive or infringe upon copyrights. The dealer recommendation feature must not be used to send mass e-cards or any other form of advertising or marketing messages or chain letters.
4. User’s liability for his/her actions
Should the user breach his/her contractual or legal obligations, he/she shall be liable to us in accordance with legal provisions.
The user shall also release us from all third-party claims made against us on the grounds of a breach of third-party rights through his/her usage. Should the user breach his/her obligations, current laws or good practice, we retain the right to temporarily or permanently terminate the rights of usage.
Data protection notices
Correct as of 11/2012
Hansgrohe SE (hereinafter “Licensor”) is the owner of copyright or owner of an exclusive license 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 license, 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 license, 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 license or the material subject to the rights.
- The Licensee is not entitled to issue sub-licenses.
- 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 license 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 license due to cancelation 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 license 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 license 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 time. 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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