Terms of Use

(Last updated June 19, 2008)
 

© 2008 Sinning Vermessungsbedarf GmbH
All rights reserved.
Copyright

No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Sinning Vermessungsbedarf GmbH.

Acceptance of Terms Through Use

WELCOME TO THE SINNING VERMESSUNGSBEDARF GMBH WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE ("SITE"). YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
 

Please note that Sinning Vermessungsbedarf GmbH reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, Sinning Vermessungsbedarf GmbH reserves the right to seek all remedies available in law and equity for such violations.

Title and Ownership

All right, title and interest in and to the Site and to the content and other information and materials available on this Site, including software, (collectively the "Materials") are proprietary to Sinning Vermessungsbedarf GmbH and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by Sinning Vermessungsbedarf GmbH and its suppliers.

Limited License to Use Site

The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Sinning Vermessungsbedarf GmbH in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of Sinning Vermessungsbedarf GmbH products you may print out and use a reasonable number of copies of Materials related to those specific Sinning Vermessungsbedarf GmbH products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

Termination of this License

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

Products and Services

Sinning Vermessungsbedarf GmbH obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from Sinning Vermessungsbedarf GmbH through this Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

General Disclaimer and Limitation of Liability

Although Sinning Vermessungsbedarf GmbH has attempted to provide accurate information on this Site, Sinning Vermessungsbedarf GmbH assumes no responsibility for the accuracy of the information or Materials; nor does Sinning Vermessungsbedarf GmbH warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Sinning Vermessungsbedarf GmbH may change the Materials or products mentioned at any time without notice. Mention of non-Sinning Vermessungsbedarf GmbH products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL Sinning Vermessungsbedarf GmbH OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Sinning Vermessungsbedarf GmbH PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Sinning Vermessungsbedarf GmbH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Misuse of the Site

As a condition of your use of the Site you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by Sinning Vermessungsbedarf GmbH or any other party (including attorneys fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to,

• Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.

• Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;

• Subscription fraud or unauthorized access;

• Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.

• Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.

• Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;

• Violating any code of conduct associated with the Site, or any applicable laws or regulations;

• Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.

Indemnification

UPON A REQUEST BY Sinning Vermessungsbedarf GmbH, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Sinning Vermessungsbedarf GmbH AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. Sinning Vermessungsbedarf GmbH RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH Sinning Vermessungsbedarf GmbH IN ASSERTING ANY AVAILABLE DEFENSES.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Sinning Vermessungsbedarf GmbH reserves the right to remove Materials or discontinue services available on this Site with or without notice. Sinning Vermessungsbedarf GmbH further reserves the right to terminate your authorization to use any services at this Site; for any reason or for no reason, immediately and at any time.

Links to Third Party Sites

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. Sinning Vermessungsbedarf GmbH does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Sinning Vermessungsbedarf GmbH provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Linking to the Sinning Vermessungsbedarf GmbH Web Site

You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to Sinning Vermessungsbedarf GmbH website:

• May link to but not replicate the Sinning Vermessungsbedarf GmbH content (i.e., Materials)
• May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as "This way to Sinning Vermessungsbedarf GmbH" or "Click here for more information on Sinning Vermessungsbedarf GmbH".
• Should not create a browser or border environment around Sinning Vermessungsbedarf GmbH content
• Should not imply that Sinning Vermessungsbedarf GmbH is endorsing it or its products
• Should not misrepresent its relationship with Sinning Vermessungsbedarf GmbH
• Should not present false information about Sinning Vermessungsbedarf GmbH products or services
• Should not use the Sinning Vermessungsbedarf GmbH logo or other trademarks without permission from Sinning Vermessungsbedarf GmbH
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

By placing a link on your web site to the Site you agree to promptly remove such link at Sinning Vermessungsbedarf GmbH's request. For information on Sinning Vermessungsbedarf GmbH authorized logo and trademark use programs, you may contact info@sinning.de.

General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Sinning Vermessungsbedarf GmbH with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and Sinning Vermessungsbedarf GmbH with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Sinning Vermessungsbedarf GmbH. The failure of Sinning Vermessungsbedarf GmbH to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.