Terms of use

Lumesse ETWeb™ empower Knowledge Hub

Terms of Use

 

These Terms of Use govern your use of the 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, innovation@lumesse.com (“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.

2.2          These Terms of Use shall 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™ empower Knowledge Hub, governed by these Terms of Use.

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™ empower Knowledge Hub if you violate the terms of these Terms of Use, in 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 Content

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 rights; and/or

·           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 Terms of Use. Likewise, you warrant that you will not upload data and content the subject-matter or details of which violate the provisions of Section 5 of these Terms of Use. You are responsible for all Your Content uploaded, processed and 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 measure.

                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.

 

8.            Availability 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.

8.4          Any liability other or beyond the liability provided for in Sections 8.1 to 8.4 shall be excluded.

8.5                          You 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.

 

9.            Data privacy

                For all information on when, how and why we collect and process personal data in the course of operating the ETWeb™ empower Knowledge Hub, please refer to our Privacy Policy.

 

10.          Links 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.

Please note that the terms of use and privacy policy of linked sites may differ from the Terms of Use and Privacy Policy of our site. We encourage our visitors to be aware of this when they leave our website, and to read the terms of use and the privacy policy of such third-party websites.

 

11.          Choice of Law; venue

11.1       Our agreement with you, including these Terms of Use, shall be governed and construed in accordance with the laws of 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 courts.

 

12.          Severability

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

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