Lumesse ETWeb™ empower Knowledge Hub
Lumesse ETWeb™ empower Knowledge Hub (hereinafter referred to as the “ETWeb™
empower Knowledge Hub”).
1. Who are we?
The Lumesse ETWeb™
empower Knowledge Hub is operated and offered to by Lumesse GmbH,
Flughafenstrasse 103, 40474 Duesseldorf, Germany, firstname.lastname@example.org (“Lumesse”,
“we”, “us” etc.).
2. Our service; scope of application
2.1 Our ETWeb™ empower
Knowledge Hub provides you with wiki technology-based platform and tools to
facilitate the use of our
ETWeb™products you are subscribing by making relevant information readily
available anywhere and
anytime, by offering learning courses, by providing service desk functions –
and by allowing you to contribute to that knowledge base yourself by posting
relevant content and interacting with other users.
apply to any use of our ETWeb™ empower Knowledge Hub and all services offered
and rendered by us in relation thereto.
3. Agreement; user account
3.1 By activating your user
account you enter into a corresponding agreement with us on the use of the ETWeb™
3.2 You must keep your login
credentials (your Username and Password) secret and may to make them available
to other, which includes your co-workers. If you have lost your credentials, or
notice or have reason to believe that someone else is using your credentials to
log onto our platform, you must notify us accordingly without delay.
3.3 We may revoke your login
credentials and/or temporarily or permanently bar you from using the ETWeb™
particular if you have made your login credentials available to third parties,
have posted Prohibited Content for the term, see Section 5.1 below), or have in
any other significant way misused our platform.
4. Rights of use in respect of Your
4.1 Content that you post in,
upload to, or in any other way submit to, the ETWeb™ empower Knowledge Hub (you own postings, comments on other user’s
content etc., images and graphics you may you upload et al.; collectively “Your
Content”) will be stored and processed on/by our servers. You allow us to do
that, and you grant us a corresponding non-exclusive, perpetual license in Your
Content. That license grants us the right to copy your Content for the purpose
of operating the ETWeb™ empower Knowledge Hub for all our users, to distribute Your Content,
to display it, publish it and make it available to the public, to modify it,
and process it in databases, in and in the context of our ETWeb™ empower
Knowledge Hub and its operation.
4.2 The license granted under
Section 4.1 is transferable and sublicenseable, but only to companies
affiliated with us.
5. General rules for the use of the ETWeb™
empower Knowledge Hub
5.1 Your Content may not
violate the law and/or third parties’ rights (“Prohibited Content”). In
particular, Prohibited Content of the following kind may not be uploaded to or
processed through the ETWeb™ empower Knowledge Hub :
Content that incites, and/or is aimed at or suitable
for inciting, hatred against sections of the population or against any
national, racial, religious or ethnic group, that calls for violent or
arbitrary action against such group or that violates human dignity or general
personality rights of others by insulting, maliciously degrading or defaming
sections of the population or any of the aforementioned groups;
content that is pornographic, particularly if it
involves acts of violence, sexual abuse of children or adolescents or sexual
acts of humans with animals, as well as content that for any other reason
violates regulations for the protection of children and adolescents; this shall
apply also to content that only refers to or implies such content and/or aims;
content that is offensive, defamatory or otherwise
libellous and/or shows racist, xenophobic, misogynist or similar tendencies;
content that violates the right to protection of
privacy, and/or other general personality rights, and/or that threatens others
in any manner or otherwise puts pressure on others or would put pressure on
others, if it were implemented;
content that violates third parties’ personal image
content that violates third-party positions protected
under copyright law, the law on ancillary copyrights or any other intellectual
and/or industrial property right.
5.2 If you violate these
rules, we are entitled to block or delete the data and content concerned or block
your user account temporarily or indefinitely. We also have the right to
terminate your user account without prior notice in accordance with the
applicable statutory provisions.
6. Warranty for data and content; indemnification
6.1 You warrant that you are
entitled and legally able to grant the license pursuant to Section 4 of these
subject-matter or details of which violate the provisions of Section 5 of these
published by/in the ETWeb™ empower Knowledge Hub.
6.2 You shall defend,
indemnify and hold us and our directors, agents, employees and representatives
harmless from and against any and all claims, suits, damages, losses, fines,
liabilities, obligations, penalties and expenses, including legal fees and
expenses, relating to or resulting from any third party claims or measures of
public authorities that are based on allegations of acts or omissions that, if
proven, constitute a culpable violation of Sections 4, 5 or 6.1 of these Terms
of Use. The obligation to indemnify shall survive the expiration or termination
of the agreement with you. We will promptly inform you of any such claim and
will give you the opportunity to assist us in defending against the claim or
Our damage claims (if
any) remain unaffected thereby. Payments made on your indemnification obligations
shall, however, be credited against our damage claims.
7. Trademarks and copyright
The ETWeb™ empower Knowledge Hub contains
data and information other than Your Content which are protected by trademark
and/or copyright laws. All rights regarding such data and information belong to
Lumesse, our licensors or other ETWeb™ empower Knowledge Hub Users. Whilst we
do permit you to make technical copies for the purposes of reading or browsing,
it is not permitted to download, copy or distribute other use in any other way
the whole or any part of the ETWeb™ empower Knowledge Hub for any other purpose,
except where there is an applicable statutory exception or permission that
allows for the use in question.
and content; Lumesse limited liability
8.1 Although we apply best efforts to
provide accurate and complete information, we do not accept any liability for
the accuracy, completeness, suitability for a particular purpose or currency of
the information published or made available on or by means of the ETWeb™
empower Knowledge Hub.
8.2 We use state of the art anti-virus
programs. However, we shall not be liable for any damage which may nevertheless
result from the download, installation, storage or use of software or content
from our website not due to our fault.
8.3 The foregoing notwithstanding:
8.3.1 We shall be liable according to the
applicable statutory provisions for damages (i) that result from gross
negligence or malicious intent, (ii) that occur as a result of the lack of a
guaranteed quality, (iii) that are a result of a culpable injury to life, limb
or health, and/or (iv) that are subject to product liability under the German
Product Liability Act.
8.3.2 In cases of ordinary or minor negligence,
we shall only be liable for damages that result from a breach of essential
contractual obligations. Our liability shall in such cases of liability further
be limited to damages that are typically foreseeable in the context of an
agreement such as the agreement between the parties.
The limitation under this Section 8.3.2
shall not apply, however, where the damages result from culpable injuries to
life, limb or health or as a result of a lack of a guaranteed quality.
“Essential contractual obligations”
for the purpose of this Clause 8.3 shall be such obligations that, on the one
hand, are essential for the very performance of the contract and that the
damaged party could have trusted to be complied and that, on the other hand, if
breached, endangers the fulfilment of the aim and purpose of the contract.
8.3.3 We shall not be liable for indirect,
consequential or special damages, if not provided for in section 8.1.
8.3.4 Further, in case of a breach of an
essential contractual obligation our liability shall be limited to maximum
amounts of 10,000.00 Euros per case, and 20,000.00 Euros overall. The
limitation under this Section 8.3.4 shall likewise not apply, however, where
the damages result from culpable injuries to life, limb or health or as a
result of a lack of a guaranteed quality.
liability other or beyond the liability provided for in Sections 8.1 to 8.4
shall be excluded.
remain responsible for making regular backups of your data (including Your Content).
If you suffer damages that result from the loss of data that we have caused, we
shall only be liable for such damages insofar as the damages could not have
been avoided by you carrying out data backups of all relevant data in regular
intervals of no longer than two (2) days.
For all information on when, how
and why we collect and process personal data in the course of operating the ETWeb™
to other websites
If you follow an external link and
thereby leave our site, the content of such other websites is beyond our
control and influence. Consequently, if another site linked to from our website
should contain illegal or infringing content, we cannot accept liability for
this unless we had actual knowledge of the respective content and its illegal
or infringing nature.
Policy of our site. We encourage our visitors to be aware of this when they
of Law; venue
11.1 Our agreement with you, including these
the Federal Republic of Germany under exclusion of German and European Conflict
of Laws rules.
11.2 The courts of Dusseldorf, Germany, shall
have exclusive jurisdiction and be the exclusive venue over any dispute arising
out of or relating to our agreement if you are a registered company, a public
law legal entity or an asset fund organized under public law. In this case, we
both hereby expressly consent and submit to the jurisdiction and venue of these
If any provisions of these Terms of
Use, including this provision, are held to be wholly or partly invalid or
unenforceable, the validity and enforceability of the other provisions or parts
of such provisions shall remain unaffected. The respective statutory provisions
shall apply in place of the ineffective or lacking provisions.
Last amended: November 2017