If the User uses this Linnemann-Website as business customer, i.e. that
it is not acting for purposes which are outside its trade, business or profession, or as
administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code
does not apply.
In the case of Web offers aimed at companies or public enterprises, such companies or
enterprises are represented by the user and must assume that the user has appropriate
knowledge and acts accordingly.
2. Services
Linnemann holds ready on the Linnemann-Website specific contents for information.
Linnemann cannot accept any liability for the continuous availability of the
Linnemann-Website. Linnemann may stop the operation of the Linnemann-Website in full or in
part at any time.
3.Registration, Password
Some pages of the Linnemann-Website may be password protected. In the interest of safety
and security of the business transactions, only registered Users may access said pages.
Linnemann reserves the right to deny registration to any User. Linnemann particularly
reserves the right to determine certain sites, which were previously freely accessible,
subject to registration. Linnemann is entitled, at any time and without obligation to give
reasons, to deny the User the right to access the password-protected area by blocking its
User Data, in particular if the User uses false data for the purpose of registration,
violates these Terms of Use or neglects its duty of care with regard to User Data,
violates any applicable laws in the access to or use of the Linnemann-Website or did not
use the Linnemann-Website for a longer period.
Upon registration the User will be provided with a password (User Data). The User Data
allows the User to view or change its data or, as applicable, to withdraw its consent to
data processing.
The User shall ensure that User Data is not accessible by third parties and is liable
for all transactions and other activities carried out under its User Data. At the end of
each online session, the User shall log-off from the password protected websites. If and
to the extent the User becomes aware that third parties are misusing its User Data the
User shall notify Linnemann thereof without undue delay in writing.
The User may at any time request termination of its registration in writing, provided
that the deletion will not violate the proper performance of contractual relationships.
4. Rights of Use
Linnemann grants User a non-exclusive and non-transferable license, which may not be
sublicensed, to use the information made available to the User on or via the
Linnemann-Website to the extent agreed, or in the event of no such agreement to the extent
of the purpose intended by Linnemann in making same available.
5. Intellectual Property
The Linnemann-Website and all information contained therein are protected in copyright
matters. The User has these rights to consider. All contents and information of the
Linnemann Website may not be changed, supplemented, copied, multiplied, sold, rented,
used, supplemented or otherwise used in any other way without the prior written permission
of Linnemann.
Except for the rights of use and other rights expressly granted herein, no other rights
are granted to the User nor shall any obligation be implied requiring the grant of further
rights. Any and all patent rights and licenses are expressly excluded.
Linnemann may, without charge, use any ideas or proposals stored by a User on the
Linnemann-Website for the development, improvement and sale of its products.
6. Duties of the User
In accessing or using the Linnemann-Website the User shall not harm other persons or
infringe their personal rights, breach public morality in its manner of use, violate any
intellectual property right or any other proprietary right, upload any contents containing
a virus, so-called Trojan Horse, or any other program that could damage data, transmit,
store or upload hyperlinks or contents to which the User is not entitled, or distribute
advertising or unsolicited e-mails (so-called spam") or inaccurate warnings of
viruses, defects or similar material and the User shall not solicit or request the
participation in any lottery, snowball system, chain letter, pyramid game or similar
activity.
7. Hyperlinks
The Linnemann-Website may contain hyperlinks to the websites of third parties. These links
serve informative purposes only. Linnemann does not adopt the contents of these websites
as its own and is not responsible for their contents. The linked web pages may be
protected by copyrights. The use of such web pages shall be at the sole risk of the User.
8. Liability
The use of the Linnemann-Website is carried out in the sole responsibility of the User. A
liability for damage, which results from the use of the Linnemann-Website, in particular
operating interruption, escaped profit, loss of information and data or consequential
deficiency damage, is, as far as legally permissible, excluded, if not intention or gross
negligence is present.
All statements of the Linnemann-Website serve alone for information and are
noncommittal. The information does not contain any obligatory guarantees or
warranties.They are subject to reservation of change at any time, both in technical and in
price and commercial regard. Due to the noncommitment any liability for deficiencies is
excluded, especially for the correctness completeness, accuracy, liberty of protection and
copyrights of third parties.
The information on the Linnemann-Website can contain specifications or general
descriptions of technical possibilities of products, which in individual cases, e.g. due
to changes of product, must not always be present. The wanted product characteristics are
to be clarified therefore in individual cases.
9. Other Liability, Viruses
Any further liability of Linnemann is excluded, unless required by law e.g. in cases of
intention, gross negligence, deceitfulness or breach of fundamental contractual
obligations. A compensation in case of breach of fundamental contractual obligations is
limited to the contract-typical, foreseeable damage.