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Terms of Use

These Terms of Use govern your use of our website. The materials on this website are provided by Laubwerk GmbH, August-Bebel-Strasse 27, 14482 Potsdam, Germany as a customer service; by using our website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.

You must be at least 18 years of age to create an account on our website or use our online store. By using our website and by agreeing to these Terms of Use, you warrant and represent that you are at least 18 years of age.

(1) LICENSE TO USE WEBSITE

1.1 Unless stated otherwise, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

1.2 You must not:

  1. republish material from this website (including republication on another website);
  2. sell, rent or sub-license material from the website;
  3. show any material from the website in public;
  4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  5. edit or otherwise modify any material on the website; or
  6. redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter).

(2) ACCEPTABLE USE

2.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2 You must not 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.

2.3 You must not 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.

2.4 You must not use our website for any purposes related to marketing without our express written consent.

(3) PRODUCTS

3.1 The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer.

3.2 Prices stated on our website may be stated incorrectly.

3.3 The purchase of products via our website will be subject to our Terms of Sale. We will ask you to agree to our Terms of Sale each time you purchase a product or products via our website.

(4) PRODUCT REVIEWS AND FEEDBACK

4.1 In these Terms of Use, “your reviews” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise.

4.2 You grant to us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your reviews on our website.

4.3 You warrant and represent that your reviews will comply with these Terms of Use.

4.4 Your reviews must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party.

4.5 Your reviews (and their publication on our website) must not:

  1. be libelous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy, or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic or gratuitous manner;
  13. be pornographic;
  14. constitute spam;
  15. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory.

4.6 You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Terms of Use.

4.7 You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

4.8 We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.

4.9 Notwithstanding our rights under these Terms of Use in relation to your reviews, we do not control or monitor the submission of reviews to, or the publication of reviews on, our website.

(5) LIMITED WARRANTIES

5,1 Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

5.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(6) LIMITATIONS AND EXCLUSIONS OF LIABILITY

6.1 Nothing in these terms of use will:

  1. limit or exclude our or your liability for death or personal injury or for intent and gross negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these Terms of Use.

6.2 The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use:

  1. are subject to the preceding paragraph; and
  2. govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.3 Without limiting Sec. 6.1 and 6.2, 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.

6.4 Without limiting Sec. 6.1 and 6.2, we will not be liable to you in respect of any loss or corruption of any data, database or software.

6.5 Without limiting Sec. 6.1 and 6.2, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

(7) INDEMNITY

7.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any culpable breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

(8) BREACHES OF THESE TERMS OF USE

8.1 Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to the website;
  3. permanently prohibit you from accessing the website;
  4. block computers using your IP address from accessing the website;
  5. contact your internet services provider and request that they block your access to the website;
  6. bring court proceedings against you for breach of contract or otherwise; and/or
  7. suspend and/or delete your account with the website.

(9) THIRD PARTY WEBSITES

9.1 Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(10) TRADEMARKS

10.1 Laubwerk and our logo are trademarks belonging to us. Fair use of Laubwerk's trademarks in press reviews or technical publications to refer to Laubwerk's products is permitted and requires proper acknowledgment of Laubwerk's ownership thereof. Any other use of Laubwerk's trademarks requires prior written permission from Laubwerk.

10.2 The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

(11) VARIATION

11.1 If you are not a registered user, the following applies for changes to these Terms of Use: we may revise these Terms of Use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

11.2 If you are a registered user, the following applies for changes to these Terms of Use: we reserve the right to change these Terms of Use at any time with the exception of the provisions determining the primary contractual obligations hereunder. The primary contractual obligations will not be changed in the manner described in this Sec. 11. We will inform you of any intended change of these Terms of Use and provide you with the planned new version of these Terms of Use. Any change is subject to a prior notice of two weeks via e-mail. If you do not expressly disagree with the respective change with-in two weeks from receipt of our aforementioned notice, you are deemed to have ap-proved the change of these Terms of Use. With giving you the abovementioned notice of the planned change, we will inform you about the consequences of not expressly contradicting the planned change.

(12) ASSIGNMENT

12.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

12.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(13) SEVERABILITY

13. If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision 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.

(14) EXCLUSION OF THIRD PARTY RIGHTS

14.1 These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

(15) ENTIRE AGREEMENT

15.1 These Terms of Use together with our Privacy Policy, and Terms of Sale constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(16) APPLICABLE LAWS AND JURISDICTION

16.1 This site is created and controlled by Laubwerk in Germany. These terms of use will be governed by and construed in accordance with German law, and any disputes relating to these terms of use shall be governed by the internal substantive laws applicable to the State of Brandenburg, Germany and must be brought in the courts thereof. Laubwerk is however entitled to invoke the courts at your place of business or residence.

(17) GLOBAL AVAILABILITY

17.1 The Site may contain references to Laubwerk products, services or programs that are not available in your country. Such references are not intended to announce such products, services or programs in your country.

17.2 Laubwerk makes no representation that access to the website is permitted under the laws of nations other than Germany, and access to the website is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to the website.

REGISTRATIONS AND AUTHORIZATIONS

We are registered with Brandenburg District Court Potsdam. You can find the online version of the register at https://www.handelsregister.de. Our Company Registration Number is HRB 25937. Our VAT number (USt.-Identifikationsnummer) is DE271596432.

OUR DETAILS AND EDITORIAL RESPONSIBILITY

The full name of our company is Laubwerk GmbH. We are registered in Berlin, Germany under registration number HRB 25937. Directors (Geschäftsführer) are Philip Paar (CEO) and Timm Dapper (CTO).

Our registered address is Laubwerk GmbH, August-Bebel-Strasse 27, 14482 Potsdam, Germany. Responsible Party for Content according to Sec. 55 Paragraph 2 of the Law on Broadcasting and Telemedia is Philip Paar. You can contact us by email to info@laubwerk.com.

Last updated: March 10, 2015