Updated: December 1, 2011
PLEASE READ THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE http://www.medicyte.com ("TERMS") BEFORE USING THIS WEBSITE.
1. Subject Matter and Acceptance
1.1 Any access to or usage of INFORMATION provided by Medicyte GmbH, Im Neuenheimer Feld 581, D-69120 Heidelberg, Germany (hereinafter "We") on the website http://www.medicyte.com including any webpages thereunder (hereinafter "WEBSITE") is regulated by these TERMS.
1.2 The user agrees to be bound by these TERMS by accessing or using the WEBSITE or any INFORMATION provided thereunder If the user does not accept the TERMS or any provision therein, the user must not access or use the WEBSITE and is bound to refrain from any further access or usage.
1.3 From time to time, we may modify the TERMS without notice. In consequence, the user should review the TERMS whenever accessing or using the WEBSITE. For each usage the version of the TERMS shall be applicable which had been provided on the WEBSITE at the time of the respective usage. Thus, the user should print or save a copy of the TERMS provided at the time of usage. However, in case of doubt the most current version of the TERMS shall be applicable.
1.4 Any different or varying terms are rejected unless expressly agreed to by us.
1.5 These TERMS do not apply to usage of the online-shop provided on the WEBSITE, its ordering system and to sales and deliveries between the parties. The Terms and Conditions – Online-Shop – shall remain unaffected.
INFORMATION in the meaning of these TERMS shall be the layout of the WEBSITE and any content or data provided therein, including but not limited to text, pictures, photographs, video, audio, graphics, logos, software programs and databases.
3. Intellectual Property Rights
3.1 The WEBSITE and the INFORMATION are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Germany and other countries. All INFORMATION shall be treated as a copyright protected work in the meaning of the German Copyright Act.
3.2 INFORMATION may only be exploited or reproduced in public with our express prior written consent. Exploitation in the meaning of these TERMS shall be any kind of using the INFORMATION in the meaning of the German Copyright Act, including but not limited to reproduction, copying, distribution or publishing. Reproduction in public means any kind of presenting the INFORMATION to the public in the meaning of the German Copyright Act, including but not limited to making it available or accessible to the public, broadcasting it or making it discernible in public.
3.3 In particular, user must not, without our prior written consent
- copy, store, translate, edit, modify, resale, lease, decompile or reverse engineer any INFORMATION or create any derivative works thereof or
- include any INFORMATION or parts thereof in a database of any kind.
3.4 Mandatory legal exceptions remain unaffected, in particular by the German Copyright Act (UrhG) or the German Law Concerning the Copyright on Works of Fine Arts and Photography (KunsturheberG). According to these laws consent is obsolete in cases of "preliminary copying without any commercial impact" in the meaning of • 44a UrhG or "copying for private use" in the meaning of • 53 UrhG.
4. Restrictions on Use
4.1 It is strictly prohibited to use the WEBSITE or the INFORMATION for any illegal purpose or in any manner inconsistent with the TERMS. The user shall use the WEBSITE and the INFORMATION solely for the use and benefit of his/her own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. The user must not use, transfer, distribute or dispose of INFORMATION in any manner that could compete with our business. The user acknowledges that the INFORMATION is protected as Intellectual Property (as set forth in sec. 3 of these TERMS). The user must not infringe any intellectual property rights or other third party rights in the WEBSITE or the INFORMATION.
4.2 The user must not use any techniques, mechanisms, software programs (e.g. viruses, Trojans or spy ware) or other routines (i) by which the functionality of the WEBSITE or any registration requirement could be affected, disturbed or harmed or (ii) by which personal data recorded by us could be made accessible. The user must not take any action by which a substantial or unreasonable disturbance of the infrastructure of the WEBSITE, of its online shop or of the connected email-system could be caused.
4.3 If third parties assert a claim because costumer fails to comply with the restrictions under this sec. 4, costumer shall indemnify us and hold us harmless from any such claim and the respective damages, obligations, losses, liabilities and expenses (including but not limited to attorney's fees), unless costumer did not act intentionally or negligently.
5. Linking and Framing by the User
5.1 By linking to the WEBSITE, the user represents that he/she has read and agrees to be bound by the TERMS. Before linking to the WEBSITE, the linking user has to inform us in writing, by telefax or by email by telling his/her name, address (no PO Box but street and house number), the name and corporate domicile of his/her company, his/her email-address, the URL of the web page where the link will appear and the purpose of linking. We may demand the removal of the link to the WEBSITE at our own discretion and without reason.
5.2 Upon rightfully linking to the WEBSITE in accordance with these TERMS, the linking user will be granted a non-exclusive, non-transferable, royalty-free and freely revocable license to use the name "Medicyte GmbH" and the name of the WEBSITE solely for providing an underlined, textual link from his/her website to the WEBSITE. No further rights are granted to the user.
5.3 Without explicit prior written consent only a surface link may be set to the main starting page of the WEBSITE (homepage). Other kinds of links to the WEBSITE are not permitted, including but not limited to deep links (a link to an internal or subsidiary page of the WEBSITE that is located one or several levels down from the homepage) and frames (bringing up or present content of the WEBSITE within another website.
6. Linking by us (Disclaimer)
6.1 We are not liable for linked information. We are not obliged to monitor linked information or to seek facts or circumstances indicating illegal activity or the infringement of third party rights pursuant to the following provisions under this sec. 6.
6.2 If linked information infringes a right of a third party, it is incumbent upon this third party to inform us of the infringement without undue delay, unless the infringement is apparent when accessing the linked web page.
6.3 We remove or disable the link if it is illegal or infringes third parties rights upon obtaining knowledge about the infringement. We may check the infringement or illegal activity for 14 days after having received the notice as set forth in sec. 6.2 of these TERMS or otherwise obtained knowledge about the illegal activity, unless the illegality is apparent. The third party has the burden of proof that we have actual knowledge or is aware of facts or circumstances from which the illegal activity or information is apparent.
6.4 Herewith we expressly dissociate from any violations or infringements of rights by third parties on linked web pages. Every user is asked to inform us of illegal linked information.
7. Limitation of Liability
7.1 All INFORMATION is based upon information which we believe to be reliable. Nevertheless, INFORMATION is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. We do not enter, nor be deemed to enter, into any agreement with the user or any other third party just because of the mere provision of INFORMATION or the mere usage of the WEBSITE.
7.2 Any INFORMATION is provided "AS IS", i.e. we are not liable for the INFORMATION or the WEBSITE, including but not limited to non-infringement, title or fitness for a particular purpose or use. We undertake no guarantee of any kind, express or implied, as to the INFORMATION or the WEBSITE. We do not warrant (i) that the INFORMATION or WEBSITE is compatible with specific computer-systems and (ii) that the WEBSITE or INFORMATION is accessible.
7.3 Any exclusion or limitation of liability set forth in these TERMS shall not apply (i) in cases of willful misconduct or gross negligence by us, our representatives or vicarious agents and (ii) to the liability for damages because of injury of life, health or body due to negligent breach of duty by us or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of us. The liability for guarantees and the liability according to the German Product Liability Act (ProdHaftG) remain unaffected.
The liability of our vicarious agents, employees and representatives and the liability for torts are limited in the above mentioned extend.
8. Data Protection
We respect the right to privacy and will collect, process and use personal data in accordance with the statutory provisions of the Federal Data Protection Act ("Bundesdatenschutzgesetz"). For further details please refer to our Privacy Notice.
9. Registered Users
The access to the online-shop is open to unregistered users. Nevertheless, only registered users with a valid registration are allowed to order goods by using the online-shop and it's ordering system. For further derails please refer to our Terms and Conditions for the Online-Shop.
10. Governing Law and Final Clause
10.1 These TERMS shall be governed and construed exclusively by German law, with the exception of the conflicts of law principles thereof. The UN Sales Convention shall not apply. However, if the user accesses the WEBSITE from outside Germany he/she has to comply with mandatory laws and precedents of his/her home state.
10.2 If the user is a businessman within the meaning of the German Commercial Act (HGB), a legal entity under public law or a special fund ("Sondervermögen") under public law, the user submits to the jurisdiction of courts located in Germany with respect to any legal proceedings arising out of these TERMS or the provision of the WEBSITE or of the INFORMATION. In that case, the courts of Heidelberg shall have exclusive jurisdiction.
10.3 If any provision of these TERMS is found to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of these TERMS shall remain in full force and effect.