Terms of use
Terms of use for the TDK Manegement Services GmbH Website
| 1. | General |
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| 1.1 | All use of this website provided by TDK Management Services GmbH (hereinafter the Website) is subject to the terms of use presented below (hereinafter the Terms of Use). The terms may in specific cases be extended, modified or replaced with additional terms of use, for example for the use of software or the purchase of products. Please read through the Terms of Use carefully. You may not use the Website unless you accept the Terms of Use. Any use of the Website shall be deemed to constitute acceptance of the Terms of Use. The Website is operated by TDK Management Services GmbH (also referred to hereinafter as "Operator"). |
| 1.2 | If the user making use of the Website (hereinafter the user) does so as or on behalf of a company, that is to say in the exercise of a commercial or independent professional function, or on behalf of a public institution, Section 312e Subsection (1) sentence 1 nos. 1 to 3 of the German Civil Code (BGB) shall not apply. |
| 1.3 | Where web offers intended for companies or public institutions appear on the Website, the company or institution concerned is represented by the user and must be accountable for his or her actions and knowledge. |
| 2. | Services |
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| 2.1 | The Operator makes information, programs and software, plus documentation where applicable, available on the Website for review or downloading. |
| 2.2 | The Operator may cease to operate the Website in whole or in part at any time. The Operator cannot guarantee that the Website will always be available without interruption. The Operator will make improvements and other changes to the information, programs and software (including documentation) provided without explicit reference thereto. |
| 3. | Rights of use for information, programs and software (plus documentation where applicable) |
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| 3.1 | Use of the information, programs and software (including documentation) provided on the Website is subject to these Terms of Use or, in the case of updates to information, programs or software (including documentation), the applicable terms already agreed with the Operator. Terms agreed separately, for example in connection with the downloading of software, shall take precedence over these Terms of Use. |
| 3.2 | The Operator grants to the user a non-exclusive and non-transferable right to use the information, programs and software (plus documentation where applicable) presented on the Website in the scope agreed or, if no such agreement has been concluded, in the scope appropriate to the objective of the Operator in creating said materials and making them available. |
| 3.3 | Sections 69a ff. of the German Copyright Law (UrhG) shall remain unchanged. |
| 4. | Intellectual property |
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| 4.1 | The Operator reserves all rights derived from the applicable copyright provisions in respect of the Website and its content. The content of the Website may not be duplicated, transmitted, distributed or stored, in whole or in part, in any form without the written consent of the Operator other than under the provisions laid down in Article 3.2. However every user-created copy of Website content must include a reference to the copyright of TDK Management Services GmbH. Additional restrictions on use may be imposed for specific content of the Website. These restrictions must also be observed. |
| 4.2 | The name TDK is a registered trademarks. The trademark may not be used without the written consent of the Operator. The same also applies to all other trademarks, trade names and product names registered or pending. |
| 4.3 | The user shall not be granted rights of any nature additional to the rights of use and other rights explicitly granted, nor shall the Operator be under any obligation to grant such rights. |
| 5. | Hyperlinks |
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| The Website contains links to other websites. Following these links causes the user to leave the Website. The inclusion of these links does not indicate support for or adoption of the content of the linked pages by the Operator. The linked sites are not under the control of the Operator. Consequently the Operator accepts no responsibility for these links. The Operator explicitly accepts no responsibility for the content of such links or any associated transmission of data. Users make use of such third-party websites at their own risk. |
| 6. | Liability |
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| 6.1 | Where information, programs or software (plus documentation where applicable) are made available free of charge, there shall be no liability – other than in cases of intent or malice – for material defects or defects in title in respect of the information, programs or software (including documentation), especially as regards accuracy, freedom from errors, freedom from third-party intellectual property rights and copyright, completeness and/or usability. |
| 6.2 | Although the Operator works constantly to protect the Website from viruses, it cannot guarantee that the Website is virus-free. There is a residual risk of unauthorized third parties (such as hackers) gaining access to the Website and the information it contains. The Operator is not responsible for any losses thus caused. The user will ensure that suitable security precautions and virus scanners are in place prior to downloading information, programs or software in the interests of user safety and to prevent viruses on the Website. |
| 6.3 | The information on the Website may contain specifications or general descriptions of technical capabilities of products that may not necessarily be present in individual cases (for example following product modifications). The required product features must therefore be agreed for each specific case when making a purchase. Order acceptance for deliveries of products ordered via or on the basis of the Website shall be subject to the terms of delivery agreed in each case and, insofar as no terms of delivery are agreed or the terms of delivery agreed are partially or wholly contradictory, the applicable statutory provisions shall apply. |
| 6.4 | Any other liability of the Operator on account of or in connection with the provision of information, programs or software (plus documentation where applicable) on the Website or the use of this information or software or these programs is excluded irrespective of legal basis unless liability is mandatory under the German Product Liability Act (ProdHaftG), for example, or due to intent, gross negligence, the acceptance of a guarantee, malicious concealment of a defect or the infringement of material contractual obligations. The compensation to be paid for infringement of material contractual obligations is, however, limited to the foreseeable losses typical of the contract concerned except in cases of intent or gross negligence. |
| 7. | Data protection |
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| 7.1 | The Operator operates the Website in compliance with the applicable data protection legislation. The Operator will not gather personal data (such as e-mail address, telephone number, address, etc.) via the Website without the consent of the user. |
| 7.2 | The Website contains a number of different forms (for example, for registration, contact, ordering and newsletter functions). If the user decides to provide the Operator with details such as a company name, department, address, e-mail address, etc., the Operator may store and evaluate these details and pass them on to subsidiary companies of the Operator and to the sales companies authorized by the Operator or other contract partners of the Operator for the purposes of maintaining the customer relationship with the user and in particular to keep the user informed about the Operator's products available. The Operator will not otherwise make personal data available to third parties. |
| 7.3 | Information is gathered automatically when a user accesses the Website, but this information is not and will not be associated with any individual person. Such information includes the browser and operating system in use, the frequency of visits, the duration of visits and the pages viewed. The Operator uses this data solely in order to determine how attractive and how well received the Website is and how its content might be improved. |
| 9. | Data transmission |
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| 9.1 | The user warrants that any data the user sends to the Operator by e-mail or using a web form does not contain any illegal or incorrect disclosures and that the user is entitled to pass this data on to the Operator. The user also warrants that this data contains no viruses and that the user has checked the data for viruses. |
| 9.2 | Data transmission over the Internet cannot be totally secure. Any confidential data on the Website is transmitted in encrypted form in accordance with the applicable technical standards. Users employ the technologies provided by the Operator for data transmission at their own risk. |
| 10. | Miscellaneous terms |
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| 10.1 | Ancillary agreements must take the written form. Any agreement to set aside this formal requirement must likewise take the written form. |
| 10.2 | Any dispute arising as a result of or in connection with the use of the Website is subject to the substantive law of the Federal Republic of Germany. The sole place of jurisdiction is Munich, Germany. |
| Published by | |
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TDK Management Services GmbH | |
| info@managementservices.tdk.com | |