TERMS OF USE FOR FOAMGLASS.INFO
Updated: (22.9.2021)
This website is operated by the Schaumglas Global Consulting GmbH (commercial register of the local court Traunstein, HRB 28222, hereinafter referred to as “SGGC“, “we“ or “us“). Please refer to our legal notice for contact details. Information on data protection can be found in our Privacy policy.
The following terms of use apply to the use of our Website (hereinafter referred to as “Terms of Use“ or “TOU“):
1. DEFINITION
For the purposes of these Terms of Use, the following capitalized terms shall have the following meaning:
- User Account: means a restricted area for the user, which is only accessible after registration and allows the user to access certain Content and Services which are accessible for registered users only.
- Content: means, including but not limited to, the structure/architecture of the Web-site and Services, editorial content, descriptions, videos, texts, categories, draw-ings, illustrations, photos, images, sounds as well as any other content displayed or linked on our Website.
- Website: means the online service published by SGGC accessible at the following address https://foamglass.info and its sub-sites.
- Service(s): means the services and functions accessible on the Website and published by SGGC.
2. SCOPE OF APPLICATION AND ACCEPTANCE OF TERMS OF USE
2.1
These TOU apply between SGGC and the respective user accessing the website. Any connection to our Website, in particular, the access and use of the Contents, shall take place only subject to and after acceptance of these TOU.
2.2
By accessing the Website, the user accepts the terms and conditions set out in these TOU. If a user refuses to accept these TOU, he/she may not access the Website and must in any case terminate the use of the Website and Content immediately.
2.3
Access to certain Services on our Website may require prior acceptance of certain other terms and conditions for the respective Service (hereinafter referred to as “Special Terms and Conditions of Use”).
2.4
The TOU in force at the time of access and use of the Website and/or those TOU ac-cepted during the registration procedure are applicable in relation to the user.
2.5
SGGC may amend the TOU at any time, subject to notice and publication, in order to adapt the TOU to developments and/or the operation of the Services. The updated TOU are accepted without reservation by any user who visits the Website after the publication of the updated TOU. SGGC therefore recommends that users regularly check the TOU.
3. REGISTRATION
3.1
In order to use certain Services on our Website, users must register with his or her name (first and last) and e-mail address and – optionally – provide other data (company name, employer, titles, social media connections, telephone number, etc.) which will subsequently identify the user and enable access to the Services. After submitting the registration, users will receive an automatic reply e-mail with a link to a confirmation page where the user can set a password. Password is not visible to us or any other third party. Personal information can be reviewed and updated any time.
3.2
Only persons over the age of 18 may create a User Account. User accounts are always personal and represent only an individual.
3.3
The user is obliged to provide only correct and complete information and update the information if necessary. Furthermore, the user undertakes not to use a pseudonym or other name that could infringe third party rights in any way (e.g. surnames and brand names of third parties as well as pseudonyms which could infringe intellectual property or similar protective rights).
3.4
Since the use of the Website is based on Internet connections, SGGC shall not be re-sponsible if data is not (fully) transferred or not (fully) readable.
3.5
If SGGC has blocked a user or deleted a User Account, a new registration is only permit-ted with SGGC’s prior consent.
3.6
Registered users can comment on blog posts on the Website. Registered users may also be granted the right to write and publish own blog posts. Registered users can also choose whether they wish to be informed about new interesting Content on our Website or receive our newsletter via their e-mail address.
4. USER ACCOUNT
4.1
The use of the Website is free of charge, whereby this includes that SGGC may use the content generated within the scope of use for its own purposes, i.e. this content may constitute a consideration for the use of the website.
4.2
Operation of our Website is agreed with a service level of availability of 95 % calculated on each relevant 4 months period. For such calculation times are deducted when (i) our Website does not respond to requests that are transferred via its Interface to the Internet and (ii) such request occur outside of maintenance times. Maintenance times are limited to a maximum of 48 hours per calendar month.
4.3
The user is responsible for all activities within the framework of the User Account and the services provided for the User Account. In particular, users are obliged to use the services only within the scope of the offered functionalities and only for lawful purposes in accordance with the agreed terms of use and the applicable laws. In particular, users may not provide any insulting, discriminatory, violent, pornographic, racist, defamatory, harmful to minors, obscene, vulgar or other illegal or otherwise offensive content.
4.4
Login information are to be handled strictly confidential and must not be shared with any other person. The user is solely responsible for the security and confidentiality of this information. It is assumed that any login to SGGC websites via a User Account and/or data transmission via a User Account is done by the user. The user must take appropriate security measures to prevent unauthorised access. Passwords and links to the Websites sent by e-mail are confidential information intended solely for the user and must never be disclosed to third parties. In the event of loss or theft of these login information, the user concerned must immediately inform SGGC in writing of the unauthorised use of their User Account and change their password.
4.5
If and insofar as users upload, provide or share content, contributions or comments on our Website (“User Actions”), SGGC will not check such content prior to publication. This applies in particular to the completeness, accuracy, legality and currency of the information. SGGC does not claim ownership of this content nor adopts it as its own.
4.6
User Actions are published together with the data provided by the user during registration, with the exception of his or her e-mail address. Anonymous User Actions are not possible and prohibited.
4.7
Users hereby grant SGGC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide and perpetual license to use, and in particular to reproduce, distribute, make publicly available and edit, the content and contributions provided, uploaded or shared by users in all known and currently unknown ways.
4.8
Users declare that all provided content is free of third-party rights contradicting the above granting of rights and may be used without restrictions in accordance with the contract. The user must obtain an effective consent, if an image shows a person. The users warrants that it is not necessary to name any photographers or authors.
4.9
Users shall indemnify and hold us harmless from and against any and all claims asserted against us by third parties alleging that the content contributed by the user infringes their rights or violates statutory provisions; this includes the reasonable costs of legal defence. This does not apply if the users are not responsible for the infringement.
4.10
SGGC may block users temporarily or permanently from all or individual services if (i) there are concrete indications that users are violating or have violated these TOU and/or applicable law, (ii) SGGC has specific evidence that the security of the login information has been compromised, or (iii) SGGC has another legitimate interest in the blocking, e.g. in order to address specific dangers to the website. The legitimate interests of the users will be taken into account before blocking. If users repeatedly violate these TOU, we reserve the right to permanently block the User Account and to permanently exclude the user from future use of the Services. Other rights, e. g. rights of termination, remain unaf-fected.
5. LIABILITY
5.1
Since our Website is free of charge, we do not warrant that the Website and the Services without interruption or error. In particular, we may interrupt the Services or limit the scope of Services, especially for maintenance, further development, elimination of errors or re-design of the Website.
5.2
We shall be liable in accordance with statutory provisions
- in the event of injury to life, limb or health of a person,
- in the event of fraudulent intent, willful misconduct or gross negligence,
- in accordance with the provisions of the Product Liability Act (“Produkthaftungsgesetz“) and
- to the extend of any guarantee assumed by us.
5.3
In the event of material and financial losses caused by other negligence, we shall only be liable in the event of a breach of a contractual obligation which is prerequisite for the proper performance of the contract and the fulfilment of which the contractual partner regularly relies on and may rely on. In this case, however, the liability is limited to the amount of the foreseeable and typical damages.
5.4
Our liability is excluded in all other respects.
5.5
The above limitations of liability shall also apply for the benefit of our vicarious agents and for the personal liability of our employees, representatives and executive officers.
6. EXTERNAL LINKS AND THIRD PARTY SERVICES
6.1
The Websites may contain hyperlinks that provide access to information, content and services from other websites or third party services. SGGC cannot control this content in any way.
6.2
For this reason, SGGC accepts no responsibility whatsoever for this content and potential consequences of visiting these websites. Users access all other websites at their own risk. No special notice is given when users leave our Website. However, we ask you to inform is immediately of any illegal or dubious content on the linked websites.
7. INTELLECTUAL PROPERTY
7.1
All Content, Services, features and elements of our Website (including, without limitation, the structure, all text, photographs, videos, data, advertising, logos, brand illustrations and other elements) constitute proprietary intellectual property of SGGC or relevant rights owners (“Protected Content”).
7.2
The Protected Content may be used exclusively and only temporarily for the use of our Website within the scope of the lawful purposes and functions provided therein. This right is neither transferable nor sub-licensable.
7.3
The further use of Protected Content, in particular the use of names, brands and/or con-tent on our Website is prohibited without our express written consent. Unauthorised use and in particular the unauthorised use of brands, product names or descriptions will be prosecuted.
8. MISCELLANEOUS
8.1
Should any provision of these TOU, or any provision incorporated into these TOU in the future, be or become invalid or unenforceable, the validity or enforceability of the other provisions of these TOU shall not be affected thereby. The same shall apply if the Parties have failed to address a certain matter in these TOU. The invalid or unenforceable provi-sion shall be deemed to be substituted by, and the Parties shall be deemed to have agreed upon, a suitable and equitable provision which, to the extent legally permissible, comes closest to the purpose of the invalid or enforceable provision or to the presumed intent of the Parties if they had considered the matter.
8.2
Unless otherwise required by mandatory law (e.g. for the protection of consumers), these TOU shall be governed by German law subject to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Any disputes under or in connection with these TOU (including those regarding its validity) shall – unless otherwise required by mandatory law – be exclusively settled in the courts of the place of registered office of SGGC (as courts of first instance).