Terms of Use

GlobalSME.net Terms of Use | with effect of May 25, 2018

 

1. Introduction

1.1 This disclaimer shall govern your use of our website.

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 By using our website, you further accept the processing and storage of your data in accordance with our Data Protection and Privacy Policy.

1.4 By registering a user account on our website, you confirm the you are authorized to represent and act on behalf of your company on this website. We may, from time to time, request confirmation statements of authorization from companies registered on this website. You understand that misrepresentation or impostering is punishable by law.

 

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

2.2 This template has been amended to suite the requirements of this website.

 

3. Copyright notice

3.1 Copyright (c) 2016 - GlobalSME.net | Dirk M. Hellmuth.

3.2 Subject to the express provisions of this disclaimer:

  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4. Licence to use website

4.1 You may:

  1. view pages from our website in a web browser;
  2. create postings and participate in the forums,
  3. download pages from our website for caching in a web browser; and
  4. download documents made available for download from our website,
  5. print pages from our website,

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your business purposes, and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

  1. republish material from our website (including republication on another website);
  2. sell, rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5. Acceptable use

5.1 You must not:

  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, especially misrepresentation.
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  6. violate the directives set out in the robots.txt file for our website;
  7. use data collected from our website for any direct marketing activity (including without limitation e-mail marketing, SMS marketing, telemarketing and direct mailing); or
  8. contact the companies publishing postings for any other purpose than those postings.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities outside of the context of their postings.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6.Limited warranties

6.1 We do not warrant or represent:

  1. the completeness or accuracy of the information published on our website, especially the company profiles, the company postings as well as contents published in the forums
  2. that the material on the website is up to date including, but not limited to, the company profiles and the company postings or
  3. that the website or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

 

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

  1. are subject to Section 7.1; and
  2. govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 We will not be liable to you in respect of any misrepresentation conducted by users on this website.

 

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

 

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

10. Law and jurisdiction

10.1 This disclaimer and the use of this entire website shall be governed by and construed in accordance with German Law.

10.2 Any disputes relating to this disclaimer or to this website shall be subject to the exclusive jurisdiction of the courts of Germany in general, and the District Court of Duisburg in particular

 

11. Anti-Spam Policy ("Rule #1")

11.1 Introduction

11.1 (1) - In the context of electronic messaging, "spam" means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

11.1 (2) - We have a zero-tolerance spam policy.

 

11.2 Spam filtering

11.2 (1) - Our messaging systems automatically scan all incoming e-mail messages and filter out messages that appear to be spam.

11.2 (2) - We may also report incoming e-mail as spam. This can result in IP addresses and domain names being blacklisted.

 

11.3 Spam filtering issues

11.3 (1) - No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.

11.3 (2) - If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.

11.3 (3) - You can reduce the risk of a message being caught by the spam filters by:

  1. sending the message in plain text (instead of, or in addition to, HTML);
  2. removing any message attachments;
  3. avoiding the terminology and text styling typically used by spammers; and/or
  4. ensuring that your messages are scanned for malware before dispatch.

 

11.4. User spam

11.4 (1) - We provide a facility that enables users to send e-mail messages to others.

11.4 (2) - Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.

11.4 (3) - Full provisions concerning the use of our messaging facility are set out as follows:

  1. You may contact other users using the personal contact form in a user's profile only with regards to the respective user's postings on our website.
  2. You must not represent yourself as some other person or from some company other than the one stated in your profile.
  3. You must not use the personal contact form or other contact data found on this website for spam as defined in 11.1 (1)

11.4 (4) - Should you receive spam from a user of this website, or find spam in a user's company profile or postings you can report this to the webmaster using the "Report Abuse" link in the footer menu of this website.

11.4 (5) - Accounts of users found to engage in spamming practices will be deleted immediately and the respective user's IP will be blocked.

 

11.5 Receipt of unwanted messages from us

11.5 (1) - In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us and the matter will be investigated: Contact Form

 

12. Variation

12.1 We may amend these terms of use at any time by publishing a new version on our website.

 

End of Terms of Use

 


 

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