1.1 By accessing or using this Website, You acknowledge that You have read, understood and agreed, without limitation to be bound by these Terms, all applicable laws and regulations, and agreed that You are in compliance with any applicable local laws.
1.2 If You do not agree with these Terms, You are prohibited from using or accessing the Website and should cease to access the Website immediately.
1.3 Thematerials contained in the Website are protected by applicable copyright and trademark laws.
1.4 This Website is provided to You without charge as a convenience and for Your information only. By merely providing access to the Website content, We do not warrant or represent that:
the content is accurate or complete;
the content is up-to-date or current;
We have a duty to update any content;
the content is free from technical inaccuracies or typographical errors;
the content is free from changes caused by third party; and
Your access to our Website will be free from interruptions, errors, computer viruses or other harmful components.
2 Your Obligations
By accessing and using the Website, You acknowledge and guarantee:
2.1 that You have obtained and read a copy of these Terms;
2.2 to be in possession of these Terms on a durable media, for example by printing them out;
2.3 tobeofagerequiredorotherwiseauthorizedunderthelawofYourcountryofresidencetoaccess and use the Website, and aware of all applicable legal regulations;
2.4 that You agree with, and don’t object to any clause or part of these Terms;
2.5 You understand that Your action of accessing or using the Website constitutes Your confirmation that You have read and understood and that You agree with these Terms without reservation, objection or contestation.
3 Restrictions in Relation to Use of the Website
3.1 You undertake that You will not:
3.1.1 make any commercial use of this Website or any of the contents on the Website;
3.1.2 attempt to interfere with, harm, modify, adapt, translate, reverse engineer, decompile, disassemble, steal from, or gain unauthorized access to the Website, or the technology and equipment supporting the Website;
3.1.3 frame or link to the Website without permission;
3.1.4 attempt to remove any copyright or other proprietary notations from the Website;
3.1.5 copy, reproduce, republish, modify or distribute in any way, the contents from the Website;
3.1.6 "mirror" without our permission any material contained on the Website;
3.1.7 use the Website in an illegal way or to commit an illegal act in relation to the Website or that otherwise results in fines, penalties, and other liability to Sunoptic or others; or
3.1.8 access the Website from a jurisdiction where it is illegal or unauthorized.
3.2 We reserve the right to further develop the Website and, in doing so, alter access to the Website and its functions, or respectively parts thereof, temporarily or permanently, or remove any part thereof without giving any reason.
4 Ability to Accept Terms
By accessing or using this Website, You affirm that You are able and legally competent to agree to and comply with these Terms. If You do not agree to these Terms or if You are not legally competent to agree to them do not use the Website.
5 Intellectual Property
5.1 Copyright. Unless otherwise noted, all content included on the Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with "Marks" (as defined below), "Sunoptic Content") is the property of Sunoptic or its licensors, partners or affiliates and is protected by national and international copyright laws. The compilation of the Website is the exclusive property of Sunoptic and is protected by national and international intellectual property laws. Any unauthorized use of any content or materials on the Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Website only with our prior written and express authorization.
5.2 Trademarks. All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Website are proprietary to Sunoptic, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Sunoptic, and You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.
6 Third Party Links
6.1 We may, from time to time, provide hyperlinks to other websites maintained by third parties or may provide third party content on our Website by framing or other methods. The links to third party websites are provided for Your convenience and information only.
6.2 Links to the websites of third parties do not constitute approval of their content by Sunoptic.
6.3 The fact that We provide a link to a third party website does not mean that We endorse, recommend, support, authorize or sponsor that website. It also does not mean that We are affiliated with the third party website’s owners or sponsors.
6.4 The content in any linked websites is not under our control so We are not responsible for the content, including any further links in a third party site.
6.5 The respective websites were reviewed for infringements at the time that the link was created and no unlawful content was found. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. If We become aware of legal violations, We will remove such links immediately.
6.6 We reserve the right to terminate a link to a third party website at any time.
6.7 If a third party links to our Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Us.
7 Limitation of Liability
7.1 Subject to Clause 7.2, any and all damage claims by You are excluded.
7.2 Clause 7.1 does not apply to
7.2.1 loss or damage caused intentionally or by the gross negligence by Us, Our directors or Our officers or intentionally by Our other vicarious agents; and/or
7.2.2 loss or damage from acts causing death, bodily injury or illness, or from the assumption of a guarantee or a procurement risk, or under mandatory product liability laws of Germany.
8.1 You agree to, upon Our first request in text form, indemnify (in other words repay Our losses), defend, release, and hold Us, and Our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents harmless, from and against any third party claims, damages, actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising as a result of, or in connection with:
8.1.1 any negligent or willful breach of these Terms by You;
8.1.2 Your access and use of the Website;
8.1.3 any negligent acts, omissions or willful misconduct by You; and/or
8.1.4 negligent or willful violation of any law or any rights of third parties, by You.
8.2 You furthermore agree to support Us to Your best endeavors in defending Our rights in said situation, e.g. by providing any information on the case.
8.3 We retain the exclusive right to settle compromise and pay any and all claims or causes of action which are brought against Us without Your prior consent.
9 Miscellaneous Provisions
9.1 These Terms constitute the whole agreement and understanding between You and Us and supersede any previous arrangement, understanding or agreement between You and Us relating to the subject matter of these Terms.
9.2 We reserve the right to change or modify these Terms with future effect.
9.3 These Terms and all rights and obligations thereunder shall be exclusively governed and exclusively construed in accordance with German Law.
9.4 You can bring legal proceedings in respect of these Terms and all rights and obligations thereunder only in Germany.
9.5 If any provision of these Terms should be or become wholly or partially void, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions of these Terms shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of the invalid, ineffective or unenforceable provision as regards subject-matter, extent, time, place and scope. The aforesaid shall apply mutatis mutandis to any gap in these Terms.