1. Scope of application
The knowledge pool ASK-Access to Sustainable Knowledge®, consisting of the websites www.ask-eu.de
2. Content/Offers, Disclaimer
ASK provides own and third-party information and knowledge products.
Any product proceeding from a partner company is labeled accordingly. In the event of loss or damages, incurred because you relied on information or content, which you received whilst using ASK, the Operator shall only be liable, if the damage was caused intentionally or with gross negligence by any legal representative or vicarious agent of ASK or if, due to slight negligence, an obligation is violated that is essential to the contract (contractual obligation).
For information offers and knowledge products of partner companies and private persons (e.g. in discussion forums), ASK provides solely the technical medium. Such information as provided by third parties is information pertaining to the respective originators, authors or disseminators and does not pertain to ASK. ASK shall therefore and under no circumstances be liable for the accuracy or reliability of this content, information or offer. In particular, ASK shall not be liable for any losses or damages incurred to the user who has relied on such information. Contributions, which could damage third parties or which contain information purely for advertising purposes shall be deleted by the webmaster. Any infringement of criminal or competitive law shall be prosecuted immediately. The Operator dissociates himself explicitly from such contributions.
The insertion of hyperlinks in our offer is merely to provide access pursuant to Article 3, paragraph 3 of the German Tele-Services Act (TDG). We are not to any extent responsible for the content of linked websites.
3. Proprietary Rights, Use of Content
Proprietary, copyrights and other rights of third parties accessed via ASK remain wholly pertinent to the holder of these rights and are protected accordingly. Unless stated otherwise in an individual agreement, you are granted to make some limited copies of portions of the site content provided that these copies are solely for your personal use and that you keep all copyright or other proprietary notices intact.
The distribution in any form of the content and data obtained from the ASK Site and uploading Site Content on any third-party website is strictly prohibited.
It is strictly prohibited to use the ASK databases for commercial purposes. Any violation thereof shall be legally prosecuted.
An online subscription entitles you to the use of the database exclusively during the agreed period, and extends to you individually and to one computer. For use by more than one user or on more than one computer, there are subscription packages for a predetermined maximum number of users and computers. There are special conditions and offers for companies.
In closed user groups, each user receives a personal user name and password for his workplace with which to access the Site. The user agrees to maintain this information as confidential and not to pass it on to third parties. The user shall change this login information should it for any reason have become known to third parties.
Passing on database content to third parties, even in part, is strictly prohibited.
4. Billing and Agreement on Goods and Services
In as far as goods or services of third parties are offered on the ASK Site, any agreement made is exclusively between you and the said third-party provider. Any claims are to be directed to the aforementioned third party. All offers are subject to the respective pricelist and delivery conditions of the provider valid at the time of purchase.
The billing of ordered articles is made by the online payment system PayPerView of ia GmbH, Munich.
5. Right of withdrawal
You can revoke your declaration of intent within two weeks without stating a reason in text form (e.g. by letter, fax, e-mail).
The return period begins on receipt of the revocation instructions but not before a contract is concluded and also not before our obligations in accordance with § 312c para. 2 BGB (Civil Code of Germany) in association with § 1 para. 1, 2 and 4 BGB-InfoV as well as our obligations in accordance with § 312e para. 1 sentence 1 BGB in association with § 3 BGB-InfoV are fulfilled. The revocation period shall be deemed observed if the notice of revocation is given within this period.
The revocation must be sent to:
ia GmbH - Wissensmanagement und Ingenieurleistungen
CEO: Werner P. Bauer
D- 81373 Munich, Germany
Fax: +49 (0) 89 / 189 17 87 - 29
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or if you can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
Your right of withdrawal expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of withdrawal. A right of withdrawal doesn't exist by using electronic products, once the customer has installed or downloaded the ordered files on his computer. A right of withdrawal also doesn't exist in case of goods which are made to the specifications of the customers, which are clearly tailored to personal needs of the customer or are not suitable for a return (e.g. software or other data and files).
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By using the dialogue facilities (e.g. discussion forums) on ASK you agree to restrict yourself to exchanging opinions on a professional level, to refrain from advertising and to respect the interests of others. Any violation of these terms can lead to your contributions being removed and your membership barred.
7. Commitment when using your own Expert Site
You guarantee that you own all required rights to photos or text you post on the Site, or that you have the author’s written consent to post and publish this copyrighted content on the websites listed in “1 - Scope of application”.
In addition, the user guarantees upon posting a photo or text on the Site that the posted content does not violate applicable laws, is not contra bonos mores or does not violate the rights or third parties (name, trademark, copyright, data protection rights, etc.).
In particular it is prohibited either directly or indirectly or by linking to other websites, to distribute contents of a pornographic nature, which glorify violence or incite to racial or ethnic hatred, which promote criminal activities or provide instructions for this purpose or which infringe upon the political or religious beliefs of others.
Should a claim be raised against the Operator for infringement of the law, (violation of copyright, of general rights of personality or other infringement of rights), the User indemnifies the Operator from all claims of third parties.
8. Access Authorisation
The Operator reserves the right to refuse allocation of user names and passwords or to cancel login data within seven days without giving any reason. The right to terminate the agreement without notice for cause, in particular, however, if
a) incorrect data is supplied on registering
b) our Services are misused in any way
c) our Services are damaged or their functionality impaired
remains unaffected by this. We explicitly reserve the right to put forward claims for compensation, should the occasion arise.
9. Site Availability
There is no entitlement to constant, uninterrupted availability of our Sites. The Operator does not accept any liability for the temporary unavailability of the Sites due to maintenance work or technical problems.
10. Data Protection
11. Other Provisions
When this agreement stipulates the written form, this includes messages by email, fax. The laws of the Federal Republic of Germany govern the legal relationship of the User and ASK.
12. Severability Clause
Date of last edit: 6.4.2010
This document is a translation. In case of doubt, the wording of our German terms and conditions and the laws of the Federal Republic of Germany shall apply.