Terms of use

Terms of use for websites and internet offers Tintometer GmbH

1.    Scope and terms of use

1.1    Tintometer GmbH (hereinafter „Tintometer“) provides its websites as well as the content and information posted there on the basis of the following conditions (hereinafter terms of use), which the user acknowledges by using or accessing a Tintometer GmbH website/internet offer.
1.2    The respective general terms and conditions of Tintometer, available under Conditions of Sale & Delivery, shall apply additionally.
1.3    Tintometer can offer its websites and/or internet offers under various top-level domains as well as under various subdomains and aliases of these domains. All websites provided by Tintometer are hereinafter referred to as „Tintometer websites“. The terms of use shall apply irrespective of which of the Tintometer websites the user has accessed and/or uses.

2.    Content of the websites / web presence

2.1    Tintometer carefully selects researches and compiles all content and information provided on the website and updates them continuously where necessary. It takes control measures with regard to the set and retrievable content. However, it is not always possible to guarantee the correctness, completeness and the topicality of the contents and the information contained therein.
2.2    Tintometer reserves the right to change, amend or temporarily or permanently suspend publication of parts of the website, its web presence or the entire offer without separate announcement. All offers on this website are non-binding and subject to change without notice.

3.    Copyright and trademark rights

3.1    Tintometer points out that the contents of this websites and web presences represent or may represent works eligible for copyright protection. Tintometer needs to express prior content for any duplication, modification, disclosure or storage of texts, parts of texts, images, photographs, graphics, sound documents and/or video sequences, including so-called framing which goes beyond mere browsing or caching of these contents by the respective user of the website for his/her own purposes.
3.2    The Tintometer website‘s contents include company, product and other trademarks that are protected by trademark law. All brands and trademarks mentioned within the internet offer and, if applicable, protected by third-parties are unrestrictedly subject to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. Any use of such trademarks requires the express prior consent of Tintometer and/or the respective trademark owner.
3.3    Notwithstanding sections 3.1 and 3.2, you may use copyrights or trademarked content and/or documents provided through the Tintometer websites provided that (i) a copyright notice appears on all copies, (ii) the information is for personal use only, (iii) the information is not for commercial use and (iv) the information is not modified, misused or mispresented in any way.

4.    General obligations of the users

4.1    When using Tintometer’s websites and related services, the user shall observe and follow all relevant legal, official and/or supervisory regulations and instructions.
4.2    The user checks data and/or other information for viruses before sending them and uses state-of-the-art virus protection programs.
4.3    If the user stores content on servers of Tintometer as part of providing services, the user shall solely be responsible for such content. In particular, Tintometer is not under any obligation to check the legality of the stored contents and/or other data.
4.4    The user himself shall back up the additional data and content transferred by him and create his own back-up copies.
4.5    When using Tintometer’s services, the user shall observe and follow all relevant legal, official and/or supervisory regulations and instructions. In particular, the user will
(a)    observe trademark or copyright protection rights when using the services and while posting data or content;
(b)    comply with criminal and youth protection laws, i.e. in particular no posting, publishing or distributing data of data or content with illegal or immoral contents;
(c)    refrain from the following actions:
-    unsolicited sending of emails to third-parties for advertising purposes (junk mail, mail spamming),
-    undirected or improper dissemination of data in other ways.
4.6    The use and disclosure of the Tintometer GmbH contact data by third-parties that was published within the scope of the imprint obligation, for the purpose of sending unsolicited advertising and information material is expressly prohibited. Tintometer GmbH reserves the right to take legal action in the event that unsolicited advertising information (e.g. spam mails) is obtained.

5.    Special terms of use

If Tintometer offers or should offer in the future functions such as blog or chat functions on its websites through which the user can (i) contact Tintometer, (ii) publish opinions, suggestions and comments, (iii) share these with other users and/or (iv) upload and publish content on Tintometer’s websites, the following special terms of use shall apply additionally.
5.1    A blog and chat function as well as the upload/publication of content on Tintometer’s websites and/or internet offers is provided exclusively in accordance with the following rules of conduct (netiquette), which the user acknowledges by releasing and publishing a message, comment and/or contribution:
a)    When using the blog and chat function, users must always comply with the applicable laws, in particular trademark, copyright and/or competition law.
b)    Users must be tolerant and respectful towards other users and should express themselves accordingly.
c)    Users are obliged to refrain from posting any illegal content as part of comments/notes. In particular, they are obliged
-    not to express insults, defamatory criticism and/or disparaging statements about other users and/or content, but only to make factual comments and criticism;
-    Not to use discriminatory, racist and/or inhuman language and/or vulgar or obscene expressions;
-    Not to encourage crimes or to approve of crimes;
-    Not to publish content that is harmful to minors;
-    Not to place any advertisement;
-    Not to link to content that violates applicable laws and/or these terms of use;
-    Not to publish or otherwise disclose individual email addresses and/or other personal data without the consent of the sender.
d)    Users must refrain from provocations and/or unnecessary polemics.
e)    Before publication, users must carefully check their contributions and comments for information that is not intended for the public. There is no right to the deletion or correction of such entries.
f)    Users, who believe that they may be affected by comments/notes from another user in violation of our terms of use, may file a complaint with Tintometer at info@tintometer.de. Tintometer will investigate the complaint and delete the post in the event of an infringement (see section 8 below).
g)    Comments that violate applicable law and/or our terms of use may be deleted at any time (see section 5.4 below).
5.2    By publishing/releasing a content or a contribution, the user grants Tintometer the rights necessary for its publication and distribution, in particular the non-exclusive, temporally and spatially unlimited right to reproduce, distribute and make publicly accessible the content /contribution - individually or in extracts - and to make it available to third-parties for use in its entirety or in extracts.
5.3    By publishing/releasing his/her contents/contributions, the user declares that he/she has all the rights necessary for publication and that the rights of third parties, in particular copyrights, trademark rights and other protective rights, are not infringed by publication; the user further declares that his/her remark/note does not contain any racist, discriminatory, pornographic, potentially extreme or illegal contents that endanger the protection of minors.
In this respect, the user indemnifies Tintometer completely from all claims of third parties including the costs of legal defense.
5.4    If, in connection with the publication of content and/or information on Tintometer’s websites, there is sufficient suspicion of legal infringements and/or impairment of third-party rights, Tintometer shall be entitled to block or remove individual data, content or comments from the user even without prior notice and delete them permanently after prior notice; the user reserves the right to prove their legality.

6.    Tintometer GmbH’s general obligations

When providing its websites, services and offers, Tintometer GmbH will observe and follow all relevant legal, official and/or supervisory regulations.

7.    Warranty/availability

7.1    Tintometer shall endeavor to make its websites and internet offers available to users at all times, but does by no means owe the successful calling up of its websites and internet offers in individual cases.
7.2    If Tintometer makes storage space available to users within the framework of its website and internet offers, the user shall be granted warranty rights in accordance with § 536a BGB (German Data Protection Act) if the available storage space is defective. For defects in the provided storage space, which already existed at the time the contract was concluded, no-fault liability according to § 536a BGB is excluded.
7.3    .Tintometer uses standard HTTPS encryption to secure access to its websites and/or internet offers
7.4    The internet or telecommunication/data connections required for access to the websites and/or internet offers are not subject to these terms of use and are not the responsibility of Tintometer. The user is solely responsible for this.

8.    Liability for own, external contents

8.1    Pursuant to § 7 par.1 TMG (German Telemedia Act), Tintometer is responsible for its own contents. According to §§ 8 to 10 TMG, Tintometer is under no obligation to monitor transferred or stored third-party information or to investigate circumstances that might indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. Tintometer shall only be liable for third-party content and/or information from the point in time at which Tintometer becomes aware of a concrete violation of the law. Upon notification of such infringements, the respective content will be removed immediately.
8.2    Tintometer shall only be liable for any direct or indirect links to third-party websites (hyperlinks) which are outside of its area of responsibility if Tintometer is aware of a concrete infringement and it would be technically possible and reasonable on its part to prevent use in the event of illegal content. Upon becoming aware of such violations of the law, such links will - as far as technically possible and reasonable - be removed immediately.
Tintometer hereby expressly declares that at the time the link was created, no illegal content was discernible on the linked pages. Tintometer has no influence on the current and future design, content or authorship of the linked pages. It hereby expressly distances itself from all contents of all linked pages.
This statement applies to all links and references (including banners) set within the own internet offers as well as to third-party entries in guest books, discussion forums, link directories, mailing lists and all discussion forms of databases set up by Tintometer, to whose content external write accesses are possible. The provider of the linked page and/or the linked content is solely responsible for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information.

9.    Limitation of liability

9.1    Tintometer shall be liable for damages caused – intentionally or through gross negligence - by Tintometer, its legal representatives, employees or vicarious agents.
9.2    In the event of a simple or slightly negligent breach of essential contractual obligations („cardinal obligations“), Tintometer’s liability shall be limited in amount to the damage typically foreseeable at the time the contract was concluded. An essential contractual obligation is given for obligations, whose fulfillment is essential for the proper execution of the contract or in whose compliance the contractual partner has relied or was allowed to rely on. Liability for simple or slightly negligent violations of other obligations is excluded.
9.3    Mandatory legal regulations, such as unlimited liability for personal injury and liability under the product liability law, remain unaffected by the aforementioned provisions.
9.4    The liability for data loss is limited to the usual restoration effort that would have occurred if backup copies had been made regularly and corresponding to the risks.

10.    Privacy policy

Tintometer’s privacy policy specifies all details of user privacy as well as the processing of personal data.

11.    Right of modification

11.1    These terms of use are an integral part of Tintometer’s websites and internet offers. Tintometer reserves the right to modify the terms of use from time to time and to adapt them to technical and legal developments.
11.2    Tintometer is entitled to modify the technical specifications for access to its websites and web presences, in particular to adapt them to any future market and industry standards. Tintometer is also entitled to redefine unilateral specification at its sole discretion.

12.    Other provisions

12.1    These terms of use are subject to German law. The United Nations Convention on contracts for the International Sale of Goods (CISG) shall not apply.
12.2    For business people, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Dortmund. In the case of non-business people, the statutory places of jurisdiction shall apply.
12.3    All agreements made at the time the contract is concluded or thereafter which deviate from the provisions of this agreement must be made in writing (§ 126b BGB; letter, e-mail, fax). This also applies to a cancellation or a waiver of the formal requirement of the text form.
12.4    If any provision of these terms of use is or should become invalid, this shall not affect the remaining provisions. § 139 BGB is not applicable. The parties agree to replace such an invalid provision with an effective provision which corresponds to what the parties would have agreed on, taking into account the purpose of the contract, if they had been aware of the invalidity of this provision when the contract was concluded. The same applies to possible loopholes in the provisions.

(as of: May 2018)