Conditions for the use of the offers of IKM Internet Kaufmarkt GmbH

Terms of use

This terms of use applies to use all program-offers except the Cylex-Auction. If you want to use the Cylex-Auction you have to apply the special use conditions. This website is made available for your personal, non-commercial use only. You may not use this website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. By using this website you agree to be bound by the terms of use of IKM, Internet Kaufmarkt GmbH and its affiliates and subsidiaries. If you find the terms of use to be unacceptable, you must immediately terminate your use of this website. "We" (or such conjugation thereof as the context may require) reserve the right to review and revise the terms of use from time to time without prior notice and by using this site subsequent to any revision of the terms of use. You agree to be bound by such changes. You may not take the results from any type of web search and reformat and display them, or mirror the website home page or results pages on your website. If you want to make commercial use of the website, you must enter into an agreement with the Cylex site to do so in advance. Please contact us for more information.

§ 1 Representations and warranties

User of this website should not rely upon opinions expressed at this website when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this website or on linked websites.

To the extent permited by law. The services and informations on this website are provided "as is" and without warranty and all warramtoes of any kind, either expres or implied, including but not limited to the implied warranties of merchantability, fitness or a particular purpose or non-infringement are hereby disclaimed and your hereby waive all such warranties.

Neither reference management nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:

  • that IKM or the computer server from which Cylex.de is made available, are free of viruses or other harmful components,
  • to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through IKM.
  • Reference management makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
  • IKM its content, merchandise, services, documents, information, items or materials provided by reference management in connection with the use of IKM or any goods or services or information received through or advertised on IKM or received through links provided on IKM.
  • Including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
  • In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.

The services provided on website could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently!

§2 Responsibilities for contents and obligations of the participants to the IKM services

For all information, photos, graphics, videos, messages, data, texts, software, music, noises, or other contents, which are generally published or conveyed privately, the entire responsibility lies exclusive by the person from where the contents comes from.

We make certain services available, including without limitation, email, chat rooms, message boards and other community services provided that you agree to abide by the terms and conditions contained in these terms of use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

  1. Violate any applicable law, regulation or rule.
  2. Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity.
  3. Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions.
  4. Provide false information on your registration form or impersonate another person at any point.
  5. Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
  6. Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed, the maximum number of days that messages or postings will be retained, the maximum number of messages or postings allowed, the size and nature of messages and postings, the maximum storage space available for an account and all other matters related to administration of services and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

IKM controlls in principle no contents for everything you pass on and take over therefore no warranty for the correctness, suitability and quality of such contents.

§3 Limitation of damages

In no event will we, our officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsuduaries, successors or assigns be liable to any party for any direct, indirect, consequential, incidential, special or other indirect (including without limitation, cost of cover) arising out of or in connection with this agreement or any services, content or other materials provided or available here under, or use of any other links or linked Website, even if we are expressly advised of the possibility of such damages, and regardless of wether such damages arose in contract, tort (including neglience), strict liability or other legal basis. The term "damages" includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system. You acknowledge that the economic terms of our agreement reflect the foregoing allocation of risk and such allocation of risk is a significant inducement for us to provide the services, website an other content and materials.

§4 Indemnification

You agree to hold harmless, defend and indemnfy us, our officers, directors, employees, subsidiaries, contractors, suppliers, agents, partners and affiliates, successors and assgns from all liabilities, claims, demands and expenses, including reasonable attorneys fees, that are due to, or that arise from your use or misuse of this site, any services therein, or for infringement by you or others of intellectual property rights or other right of any third party. We may assume exlusive control of any defense or any matter subject to indemnification by you and you agree to cooperate with us in such event.

§5 Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

§6 Claims of copyright infringement

IKM respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this website infringes on any copyright which you own or control, or that any link on this website directs you to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.

§7 Website links and third-party sites

This website may contain links to other websites which are independent of this website. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

§8 Licenset

Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

§9 Governing laws in case of dispute

These terms of use shall be goerned by and construed in accordance with German law (here: Court of the City Oberhausen) as they apply to agreements made and solely performed therein. You irrevovably consent and waive all objections to personal jurisdiction and venue in the State and Federal Courts located in Oberhausen, Germany and you shall not commence or prosecute any suit or action except in the foregoing courts.

§10 Integration, severability, general

These terms of use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. We may modify these terms of use at any time by posting revised terms of use on our website and your continuing use of such website and the services constitutes your agreement to be bound by such modified terms of use. Any provision of these terms of use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these terms of use in that jurisdiction without in any way invalidating the remaining provisions of these terms of use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Privacy policy

The IKM (here: Cylex) online business directory is designed to make it easier for users to locate businesses, people and information online, while creating optimal revenue opportunities for advertisers and listings partners. IKM online directory products are uniquely structured and highly interactive to help users quickly and easily locate businesses that satisfy their needs.

Types of Information we collect and use

In general, we collect and use both anonymous and personal user information and aggregate access and use data. We collect this information and data from a variety of sources, including use and access to IKM sites and other IKM properties, user submissions, transactions and correspondence, employee and investor relationships and from third parties such as our business partners.

Personal User Information

In addition to the anonymous user information above, we may occasionally request from you or you may otherwise voluntarily provide us information that may identify you personally. IKM receives personal user information through its different properties from a broad range of activities, including surveys, personalization of directory services, public records services, user groups, tell-a-friend service and general correspondence. Also, we may receive personal information from third party service providers as part of our search and directory. Depending on the product or service used, the personal information we collect typically includes contact information. This personally identifiable information is limited to:

  1. First and last name
  2. Address, including street name and city
  3. E-mail address
  4. Telephone number

Except as specifically described in this privacy policy and the associated privacy policies of our various properties, we will in general only use your personal information for the purpose it was collected.

Protection of IKM and compliance with law

We will disclose personal information or remove, destroy or alter personal information in our possession or control when we believe it is necessary to comply with legal process, respond to claims, or to protect the rights, property or safety of our company, its employees, customers or the public.

Optinions

Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view much of the content and use many of the services offered by our sites without registering.

How to review and update personal identifiable information

You can review, correct, or change the information collected during registration for any of our sites. The instructions for doing this can be found in our member-services areas. Users may change information at any time and as often as necessary. Users who are experiencing problems with our services or who have questions about how our services work can contact us by using this e-mail address info-gb@cylex.de. Currently, we do not offer users a way by which to completely delete personal information established at the time of registration.

Overall privacy statement

We take your privacy seriously. Because we gather certain types of information about our users, we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the website that you were viewing when you clicked through to this policy, which is operated directly by us, by our partner, or by our affiliate.

Privacy of children

Our network of sites is not directed to children under the age of 13. In accordance with IKM policy we DO NOT:

  • Request or knowingly collect personally identifiable information online or offline contact information from users under 13 years of age or
  • Knowingly use or share personal information from users under 13 years of age with third parties. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers.

Changes to Our Privacy Policy

We will change, amend and update this privacy policy and the privacy policies of the various IKM Sites and other IKM properties from time to time to reflect changes in our privacy practices, technology, products and services, general business operations and industry. We reserve the right to change, amend and update this privacy policy, including all of our associated privacy policies, at any time in our sole and absolute discretion, and such changes will be effective upon posting of the revised policy. In the event of a material change in our information collection and use practices, we will provide more prominent notice of such change along with the revision to the effective date of the policy. You should check this privacy policy and the policies of the IKM sites and other IKM properties you may access or use on a regular basis to ensure you have reviewed and are familiar with the most current policy.

Contacting us

For any questions or concerns you may have regarding this privacy policy and our information and data collection and use practices, please contact us at:

Via email: info-gb@cylex.de
IKM
Internet Kaufmarkt GmbH
Pfälzer Str. 81
46145 Oberhausen
Germany

Copyrights

All editorial content and graphics on our sites are protected by german copyright, international treaties and other applicable copyright laws and may not be copied without the express permission of IKM Internet Kaufmarkt GmbH which reserves all rights. Reuse of any of IKM editorial content and graphics for any purpose without IKM permission is strictly prohibited.

To be effective, the notification must be in writing and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit IKM to locat the material;
  4. Your address, telephone number, and, if available, your e-mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Permissions and reprints

Personal and noncommercial use

You may download, reformat, and print a limited amount of IKM content for your personal, noncommercial use. You may also include excerpts or limited portions of IKM' information in printed memos, reports, and presentations. We ask only that you attribute this information to us by including "Used with permission from IKM Internet Kaufmarkt GmbH 2005 - All rights reserved."

Links

You may link from another site to IKM online content, including reviews, articles, features, and video and audio clips.

Other reproductions

Any other reproduction of IKM content requires permission from us, and some forms of reproduction will require you to pay a licensing fee. All commercial uses of IKM content require our permission, including the following:

  1. Use of IKM content in advertisements or promotions;
  2. Use of IKM Networks, trademarks or logos (excluding award logos);
  3. Use of quotes, excerpts or full text of IKM Networks reviews, articles, or features;
  4. IKM Networks does not allow the reposting of its online content (including video, audio, text, graphics, layout, and code) on a eb site or a public discussion board except in the case of a specific licensing agreement (see further details on video and audio usage below).

How to get permission

  1. Please submit a permission request from below.
  2. For information regarding hard-copy reprints, contact:
    IKM
    Internet Kaufmarkt GmbH
    Pfälzer Str. 81
    46145 Oberhausen
    Germany
  3. In all cases, if permission is granted, stories must be reproduced in their entirety, unedited, and accompanied by the following copyright statement and credit: "Used with permission from IKM Internet Kaufmarkt GmbH, Copyright 2005. All rights reserved."

Note: text, photos, graphics, audio and/or video material provided via third parties, such as Reuters, shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither third-party materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Third parties will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or any damages arising from any of the foregoing.