Conditions of Use
1. Preliminary remark
These terms and conditions apply for all digital data bases, applications, information, explanations and other online-services made available by Global Emotion GmbH (hereinafter referred to as online-products). The terms and conditions apply only to those online-products which are exclusively being used through long-distance data transmission over the internet. The settlement of the contract is carried out by the enterprise Global Emotion GmbH, CEO Dr. Michael Bittermann, Hehlingerstrasse 18, 38446 Wolfsburg, Germany (hereinafter referred to as Global Emotion).
These General Terms and Conditions apply only to entrepreneurs. Entrepreneurs in terms of the Terms and Conditions are natural or legal entities or incorporated partnerships which act in practice of a commercial or independent vocational activity.
Our terms and conditions apply exclusively. We do not recognize terms and conditions, which are contrary to or in deviation to our own General Terms and Conditions unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply should we unreservedly perform services in the knowledge of the customers terms and conditions which are contrary to or in deviation to our own terms and conditions.
2. Contract conclusion/ Access to online-product "More Security in China"
The customer acquires a 30-days license for the software by conclusion of a contract. The license duration begins with the complete receipt of payment of the royalty on the account of Global Emotion. The duration of the right of use ends with the expiration of the contractual relationship.
The licensing agreement comes off by the fact that the customer selects an online-product after after having registered on the portal of Global Emotion and following the receipt of order acceptance of his selection of online-products by an e-mail from Global Emotion. The contractual relationship begins with the acceptance of the contract through Global Emotion. The customer receives the non-transferable, non-exclusive and temporally limited right to use the online-products as contractually specified, which is limited to the use described in particular under clause 6. All rights of use not expressly granted herein are reserved by Global Emotion as the owner of all intellectual property rights
The access of the user to the online-products over the internet via long-distance data transmission is password-protected. The password is sent to the user after registration. The user is obligated to keep his access data and his password secret and to protect it from abuse by third-parties. The user has to immediately inform Global Emotion of the loss of his access data or his password or of the suspicion of the abusive use of his data by third parties. As for the rest, Global emotion is authorized to lock the users access to the online-products in case of abuse. The user is liable for any abuse.
3. Terms of payment
The invoice is due and payable in full/without deduction with the invoice date. The price of the license is deducted from the account of the contracting party, if the customer wishes direct debit.
The charged prices are gross total prices (net price plus German legal value added tax). All conditions and prices can be obtained by contacting Global Emotion. Both the gross total prices and the net prices are separately specified in the order process.
The customer is entitled to restrain payments, if a right of retention is entitled to him.
4. Notice of cancellation
The disuse of an online-product is not considered as a notice of cancellation.
The right of extraordinary notice of termination remains untouched.
The license agreement for the online-products automatically ends after the expiration of the 30-days-validity of the license.
5. Intellectual property rights/ rights of use
All Intellectual property rights on the online-products remain with Global Emotion. The rights of use will be transferred to the customer for the duration of the contract.
The customer acquires the right to access the online-products from any computer which is suitable for these purposes.
The customer commits himself to use the online-products only for his own purposes. Furthermore, he obligates himself not to provide access to the online-products for third parties neither free of charge nor in return for payment. A user is only allowed to access the online-products with his login-name from one computer at a time and not simultaneously from two or more computers regardless if used by the same person or different people.
In case of a multiple-license-contract the customer is entitled to access the online-products according to the contractual agreement at all times from one or more computers simultaneously with several people.
Furthermore, the customer is not allowed to copy software components, provided pictures and videos, accompanying texts as well as documentations belonging to the software by photo copying or micro filming, computational backups or by other procedures. Additionally, he is not allowed to sell or rent the software and/or the associated documentation to third parties, grant sub-licenses or provide access to the online-products to third parties in any way. The customer is not entitled to pass access data as the login-user name and login-password to third parties. The customer is not authorized to change the software and/or the associated documentation totally or partly, to modify, to adapt or decompile the software, so far it extravagates paragraph 69d number 3 and 69e of the German Law on Copyright and Neighboring Rights. The customer is also not allowed to change copyright notes, characteristics/ brand names and/or property data of the publisher at programs or documentation materials.
6. Guarantee/ Liability
The online products are regularly revised and updated with the expected care. Please bear in mind when using the online-product that a changed legal situation necessitates a modification of the online-products despite all circumspection and care. If the continuation of the contract is unacceptable due to the conditions, each party can denounce the contract within 14 days.
Global Emotion is liable for damage to other software, data media, data-processing systems, to life, limb and health and cardinal obligations if caused by the employment of its online products. Furthermore, Global Emotion is only liable for typically arising, foreseeable damage and if the damage-caused lack of the online products has been deliberately or grossly negligently generated by factors, servants and legal assignees.
Additionally, to the limitation of liability of the proceeding sentence, the liability for gross negligence by assistants is excluded for contracts with legal entities under public law, special funds under public law and merchants unless it is a negligence of executive assistants or cardinal obligations are breached. However, the liability for gross negligence by assistants is only excluded for contracts with merchants, if the contract serves the enterprise for its commerce. Legal requirements on removal of defects and subsequent delivery - but not on compensations - remain unaffected by the managing regulations. Further requirements of any kind, particularly consequential damage and loss of profit, are excluded.
The rights owner assures that the data base is already published.
Global Emotion strives to assure a permanent access to the online products. In this case permanent means 24 hours a day and 365 days a year. However, the constant availability cannot be guaranteed. In particular, the access can occasionally be temporarily limited for technical reasons like necessary maintenance and repair work.
9. Data security
Remark according to 33 BDSG (German Data Protection Act): The customers data is stored and processed through Global Emotion by strictly considering the German Federal Law for Data Protection.
10. Final clauses
If individual regulations of the present contract are impracticable or, ineffective after contract conclusion or become impracticable, then the effectiveness of the contract is thereby not affected in the remaining provisions of the agreement. Effective and feasible regulations are then to supersede the ineffective or impracticable regulations, the effects of which approach the intended economic objectives, which the contracting parties have pursued with the ineffective and/or impracticable regulations. The managing regulations also apply for the case that the contract is proven incomplete. Article 139 of the German Civil Code is not applied.
Only German law is applicable
Place of performance and court of jurisdiction is Munich.
Please send complaints, notices and revocations to the following address:
Global Emotion GmbH, CEO Dr. Michael Bittermann, Hehlingerstrasse 18, 38446 Wolfsburg, Germany.
As of January, 2013