- Terms of use
The use of the web pages offered by IBO GmbH (IBO website) is exclusively subject to these terms and conditions. By commencing use, the validity of these terms of use in their respective version is accepted.
These General Terms of Use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase or sale of products and/or services.
If the IBO website is used in the exercise of a commercial or independent professional activity or for a public corporation, §312e para. 1 sentence 1 no. 1 – 3 of the German Civil Code shall not apply.
1. Contents Of the IBO Website
IBO GmbH provides certain information and software, including documentation, for viewing or downloading on the IBO Website without obligation and without any claim to completeness.
IBO GmbH is entitled to discontinue the operation of the IBO Website in whole or in part at any time without prior notice or to change the content. Due to the nature of the Internet and computer systems, IBO GmbH does not guarantee the uninterrupted availability of the IBO Website.
2. Registration, Password
Some pages of the IBO website may be password protected. In the interest of the security of business transactions, access to these pages is only possible for registered users.
There is no entitlement to registration by IBO GmbH. IBO GmbH reserves the right to make websites that were previously freely accessible subject to registration. IBO GmbH is entitled to revoke the access authorization at any time by blocking the access data without giving reasons, if the user
1. has provided false information for registration
2. has violated these terms and conditions or his duty of care in handling the access data.
3. has violated applicable law when accessing or using the IBO Website; or
4. has not used the IBO GmbH for a longer period
If registration is provided for, the user is obliged to provide truthful information for registration and to notify IBO GmbH (if provided for: online) of any subsequent changes. The user shall ensure that he/she receives the emails sent to the email address provided by him/her.
After registration, the user receives a username and password (hereinafter also referred to as “user data”). Upon initial access, the user will change the password provided by IBO GmbH to a password known only to him/her. The user data enables the user to view and change his/her data or to revoke or extend any consent given to data processing.
The user shall ensure that the user data is not made accessible to third parties and shall be liable for all orders and other activities carried out under the user data. The password-protected area must be exited after each use. If the user becomes aware that third parties are misusing the user data, he is obliged to inform IBO GmbH immediately in writing, if necessary, in advance by simple email.
Upon receipt of the notification pursuant to section 2.4, IBO GmbH shall block access to the password-protected area with this user data. The block can only be lifted after a separate application by the user to IBO GmbH or after re-registration.
The user can request the deletion of his registration in writing at any time, provided that the deletion does not conflict with the processing of current contractual relationships. In this case, IBO GmbH will delete all user data and all other stored personal data of the user as soon as they are no longer required.
3. Rights Of Use
The use of the information, software and documentation made available on the IBO website is subject to these terms and conditions or, in the case of updates to information, software or documentation, to the relevant license terms previously agreed with IBO GmbH. Separately agreed license terms take precedence over these Terms.
IBO GmbH grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the IBO website to the extent agreed or, if nothing is agreed, to the extent of the purpose pursued by IBO GmbH in providing and making it available.
Software is only provided free of charge in machine-readable form. There is no entitlement to surrender of the source code. Excluded are source codes of open-source software whose license terms, which take precedence over these terms and conditions when open-source software is passed on, prescribe the release of the source code. In this case, IBO GmbH shall make the source code available against reimbursement of costs.
Neither information, software nor documentation may be distributed, leased or otherwise transferred by the user to third parties at any time. Unless otherwise permitted by mandatory legal provisions, the user may not modify, reverse engineer or reverse translate the software or its documentation, nor may he remove parts of it. The user may make a backup copy of the software if this copy is required to secure future use based on these terms of use.
The information, the software and the documentation are protected by copyright laws and international copyright treaties as well as by other laws and agreements on intellectual property. The user shall observe these rights and shall not remove alphanumeric identifiers, trademarks and copyright notices from the information, the software, the documentation or copies thereof.
Sections 69a et seq. of the German Copyright Act remain unaffected.
4. Intellectual Property
Notwithstanding the special provisions of these Terms of Use, information, brand names and other content from the IBO website may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written consent of IBO GmbH.
Apart from the rights of use or other rights expressly granted herein, the user shall not be granted any further rights of any kind, to the company name and industrial property rights such as patents, utility models or trademarks, nor shall IBO GmbH be under any obligation to grant such rights.
5. References And Links
The IBO website may contain references and links (hyperlinks) to third-party websites. IBO GmbH assumes no responsibility for the content of these websites, nor does IBO GmbH adopt these websites and their content as its own, as IBO GmbH does not control the linked information and is not responsible for the content and information provided there. The use of the linked websites is at the user’s own risk.
6. Exclusion Of Liability for Defects Of Title And Quality, Viruses
Insofar as information, software or documentation is provided free of charge, liability for material defects and defects of title in the information, software and documentation, for their correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness and/or usability – except in the case of intent or fraudulent intent – is excluded.
The information on the IBO website may contain specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g. due to product changes). The desired performance characteristics of the products must therefore be agreed in each individual case at the time of purchase.
The liability of IBO GmbH for material defects and defects of title shall be governed by the provisions in sections 7.1 and 7.2 of these Terms and Conditions. Otherwise, any liability of IBO GmbH is excluded, unless liability is mandatory, e.g. under the Product Liability Act, due to intent, gross negligence, injury to life, body or health, due to the assumption of a guarantee of quality, due to fraudulent concealment of a defect or due to the breach of essential contractual obligations. However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.
IBO GmbH endeavors to keep the IBO Web Site free of viruses, but IBO GmbH cannot guarantee that it is virus-free. Before downloading information, software and documentation, the user is obliged to ensure appropriate security measures and virus scanners for his own protection and to prevent viruses on the IBO website.
The above provisions do not imply a change in the burden of proof.
7. Obligations Of the User
The user may not, when using the IBO website:
1. cause harm to persons, in particular minors, or violate their personal rights.
2. offend common decency with his usage behavior.
3. infringing industrial property rights, copyrights or other property rights.
4. transmit content with viruses, so-called Trojan horses or other programs that can damage software.
5. enter, store or send hyperlinks or content for which he is not authorized, if these hyperlinks or content violate confidentiality obligations or are illegal; or
6. disseminate advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and the like or solicit participation in sweepstakes, snowball systems, chain letters, pyramid schemes and similar promotions.
Access to information, software and documentation on the IBO website may only take place if they comply with the above-mentioned examination and assurance; otherwise, IBO GmbH is not obliged to perform.
IBO GmbH will provide the user with the relevant contact points for further information upon request.
9. Protection Of Personal Data
IBO GmbH shall comply with the applicable data protection regulations, which can be viewed on the IBO website, when collecting, using and processing personal data of the user.
Subsidiary agreements, place of jurisdiction, applicable law
Subsidiary agreements to these Terms of Use, including amendments to this clause, must be made in writing.
If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction is Munich, Germany.
The IBO website is operated by and is the responsibility of IBO GmbH. It complies with the requirements of the Federal Republic of Germany, in which IBO GmbH has its registered office. IBO GmbH assumes no responsibility for the fact that information, software and/or documentation from the IBO website may also be accessed or downloaded from locations outside the Federal Republic of Germany. If users access the IBO website from locations outside the Federal Republic of Germany, they are solely responsible for compliance with the relevant regulations under the respective national law. Access to information, software and/or documentation on the IBO Website from countries where such access is unlawful is not permitted.
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.