1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
1.3. If the User uses this MindSphere World Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
2.1. This MindSphere World Web Site contains specific information, as well as - as the case may be - related documentation, for viewing or downloading.
2.2. MindSphere World may stop the operation of the MindSphere World Web Site in full or in part at any time. Due to the nature of the internet and computer systems, MindSphere World cannot accept any liability for the continuous availability of the MindSphere World Web Site.
3. Registration, Password
3.1. Some pages of the MindSphere World Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. MindSphere World reserves the right to deny registration to any User. MindSphere World particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. MindSphere World is entitled to deny the User the right to access the password-protected area by blocking its User Data (as defined below), if the User
- uses false data for the purpose of registration;
- violates any applicable laws in the access to or use of the MindSphere World Web Site; or
- did not use the MindSphere World Web Site for a longer period.
3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to MindSphere World, is current at all times and an address at which the User can be contacted.
3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from MindSphere World into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify MindSphere World thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5. After receipt of the notice under paragraph 3.4, MindSphere World will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to MindSphere World or upon new registration.
3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event MindSphere World will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Right of use to Information and Documentation
4.1. MindSphere World grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information and documentation made available to the User on or via the MindSphere World Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by MindSphere World in making same available.
4.2. Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available.
4.3. The information and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the documentation, or any copies thereof.
4.4. §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
5.3. MindSphere World may, without charge, use any ideas or proposals stored by a User on the MindSphere World Web Sites for the development, improvement and sale of its products.
6. Duties of the User
6.1. In accessing or using the MindSphere World Web Site the User shall not
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity; or
- infringe applicable law in any other way.
6.3. The User is obliged to indemnify MindSphere World against claims by third parties and the associated costs of legal defence, insofar as the claims are based on an infringement for which the User is responsible.
The MindSphere World Web Site may contain hyperlinks to the web pages of third parties. MindSphere World shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as MindSphere World does not generally control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
For the avoidance of doubt, this applies also to hyperlinks to subsites of MindSphere World regional associations.
8. Liability of defects for title or quality
8.1. Insofar as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases of willful misconduct, gross negligence, personal injury or death.
8.2. The information on the MindSphere World Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). MindSphere World does not endorse information created by third parties and uploaded to the MindSphere World website as its own and accepts no liability for it.
9. Other Liability, Viruses
9.2. Although MindSphere World makes every endeavor to keep the MindSphere World Web Site free from viruses, MindSphere World cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or documentation.
9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Compliance with Export Control Regulations
10.1. If the User transfers information and documentation provided by MindSphere World to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America.
10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
- there will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information and documentation provided by MindSphere World, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
- such information and documentation provided by MindSphere World are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
- the regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
10.3. If required to enable authorities or MindSphere World to conduct export control checks, the User, upon request by MindSphere World, shall promptly provide MindSphere World with all information pertaining to the particular end-user, the particular destination and the particular intended use of information and documentation provided by MindSphere World, as well as any export control restrictions existing.
10.4. The User shall indemnify and hold harmless MindSphere World from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate MindSphere World for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
10.5. MindSphere Worlds' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.
11. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the MindSphere World Web Site, MindSphere World shall comply with applicable laws on data privacy protection and the MindSphere World Web Site Data Protection Privacy Notice, which is available per hyperlink on the MindSphere World Web Site and/or on www.MindSphereworld.com.
12. Place of Jurisdiction, Applicable Law
12.1. The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
12.2. The individual pages of the MindSphere World Web Site are operated and administered by MindSphere World e.V. The pages comply with the law applicable in the country where the responsible company has its business residence. MindSphere World makes no representation that information and/or documentation on the MindSphere World Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access MindSphere World Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to MindSphere World Web Site's information and/or documentation from countries where such content is unlawful is prohibited.