Terms and Conditions
Sec 1 General
(1) Almef UG (limited liability) (hereinafter also referred to as "SEARCH ENGINE OPERATOR") runs the internet search engine www.dcdcselector.com by means of which its users are able to search for technical data under service contracts to be concluded separately in each case with SEARCH ENGINE OPERATOR.
(2) The offer of SEARCH ENGINE OPERATOR is exclusively targeted at employers (sec. 14 BGB (German Civil Code)) and bodies corporate organised under public law and special funds under public law only, but not at consumers (sec. 13 BGB).
Sec. 2 Services of SEARCH ENGINE OPERATOR
(1) SEARCH ENGINE OPERATOR shall provide the technical requirements for the use of its search service in accordance with the following provisions and to the extent described therein.
(2) SEARCH ENGINE OPERATOR shall make a search service using various parameters available to the user. SEARCH ENGINE OPERATOR shall provide for a systematisation of pre-existing data and a simplification of further research in connection with the provision of its service, but not the correctness and/or completeness of the data present.
(3) The data communication with SEARCH ENGINE OPERATOR shall be made by means of online access via the web browser.
(4) The details of the services and procedures are described on the internet pages of SEARCH ENGINE OPERATOR. SEARCH ENGINE OPERATOR shall be entitled to independently conduct updates and enhancements at any time, if this is reasonable for the user.
(5) SEARCH ENGINE OPERATOR shall be entitled to have the services provided by third parties.
(6) As long as the use of SEARCH ENGINE OPERATOR is free of charge for the user, the user shall not have any claim against SEARCH ENGINE OPERATOR relating to the maintenance of the offer. SEARCH ENGINE OPERATOR reserves the right to stop the free offer at any time without prior notice.
Sec. 3 Conclusion of the contract
(1) By entering the search parameters, the user submits a binding offer as to the conclusion of a service contract relating to the use of SEARCH ENGINE OPERATOR's services. The message that there is no relevant data available or the cancellation of the search shall be deemed a rejection of the user's offer. If SEARCH ENGINE OPERATOR does not reject the user's offer, SEARCH ENGINE OPERATOR accepts this offer by presenting the search results. The contract shall be concluded in English and German only.
(2) SEARCH ENGINE OPERATOR shall be entitled to reject the acceptance and, therefore, the presentation of any search result, without stating any reason, even if all requirements for acceptance of the user's offer are fulfilled.
Sec. 4 Rules of conduct and duties of care of the user
(1) To ensure a proper course of action, any user of SEARCH ENGINE OPERATOR shall agree to rules of conduct and duties of care. The failure to comply with these rules and duties may result in prejudices, in particular claims for damages. These rules of conduct are listed in the following.
(2) SEARCH ENGINE OPERATOR shall provide a simplified search of the respective actual state of the database only, but not the data being searched for itself. The user shall, at any time, be obligated to carefully check the data searched for on SEARCH ENGINE OPERATOR with the respective manufacturers and/or providers. If the user fails to comply with the duty to check the data, this may result in material damage both to machines and to persons.
(3) The user shall be obligated to not use SEARCH ENGINE OPERATOR's services in breach of law or in any immoral way and to act in accordance with the laws and the rights of any third party. Moreover, the user shall be obligated to refrain from an excessive strain of the networks by undirected or improper use of SEARCH ENGINE OPERATOR's services. Improper use includes in particular the use of the services by means of automated queries (e.g. by way of scripts), commercial further distribution of the contents and systematic copying of the contents provided by SEARCH ENGINE OPERATOR. The user shall observe the legal data protection and data safety provisions.
(4) In case of a breach of duty pursuant to subsection 3 SEARCH ENGINE OPERATOR shall be entitled to temporarily or permanently exclude the user from the offer at its discretion. The same shall apply, if SEARCH ENGINE OPERATOR is informed by any third party that the user calls, copies or distributes any content in violation of the duties described in subsection 3, unless the assertion as to the breach of law is obviously incorrect.
(5) The user shall make good any damage to SEARCH ENGINE OPERATOR deriving out of a breach of duty, unless they did not cause the damage. The user shall indemnify SEARCH ENGINE OPERATOR from any prejudices incurred by SEARCH ENGINE OPERATOR by reason of any third-party claims due to damaging actions which the user is responsible for.
Sec 5 Copyrights, trademark rights and other property rights
(1) The user shall particularly comply with any copyright.
(2) The data included in the internet offer of SEARCH ENGINE OPERATOR is subject to copyright protection according to the individual case. Therefore, the user shall not be allowed to copy, edit and/or distribute this data beyond the extent of use granted in particular cases by the holder of rights.
Sec. 6 Data protection
The data made available by the user shall be saved and processed by SEARCH ENGINE OPERATOR exclusively for the purposes resulting from this contract and in compliance with the relevant legal data protection provisions (see also SEARCH ENGINE OPERATOR's data protection declaration).
Sec. 7 Liability
(1) SEARCH ENGINE OPERATOR shall indemnify or pay damages for useless expenditures, no matter for which legal ground (e.g. deriving out of contractual obligations or any other obligations similar to legal acts, violation of duties and unlawful acts), only to the following extent:
a) The liability in case of wilful intent and deriving out of warranty shall be unlimited.
b) In case of gross negligence SEARCH ENGINE OPERATOR shall be liable to the amount of the typical damage foreseeable upon conclusion of the contract.
c) The liability for ordinary negligence shall be excluded. In case of violation of any material contractual obligation which must be fulfilled for the purposes of the proper execution of the contract and the fulfilment of which the contractual partner may routinely rely on (so-called cardinal obligation), SEARCH ENGINE OPERATOR shall, however, be liable to the amount of the damage typically foreseeable upon conclusion of the contract.
d) If SEARCH ENGINE OPERATOR is in default as far as its service is concerned, SEARCH ENGINE OPERATOR shall be absolutely liable for this service also for accidents, unless the damage would also have occurred if the service had been provided in time.
(2) As far as the liability of SEARCH ENGINE OPERATOR is excluded or limited, the same shall apply to the personal liability of employees, agents and auxiliary persons of SEARCH ENGINE OPERATOR.
(3) As far as damages deriving out of personal injury, bodily harm or damage to health and claims under the law on product liability are concerned, the legal provisions shall apply.
Sec. 8 Choice of law, place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, to the exclusion of United Nations Convention on Contracts for the International Sale of Goods.
(2) Place of fulfilment and place of jurisdiction for any conflicts deriving out of and in connection with the contract on which these General Terms and Conditions are based shall be, in case of contracts concluded with traders, bodies corporate organised under public law or special funds under public law, Dresden. As far as actions and procedural claims submitted by SEARCH ENGINE OPERATOR with respect to the user are concerned, any other legal place of jurisdiction of the user shall also be applicable.
© e|s|b Rechtsanwälte
Data protection of Almef UG (limited liability)
Sec. 1 General
(1) Almef UG (limited liability), Meußlitzer Str.47, 01259 Dresden - hereinafter referred to as "Almef" - runs the internet search engine dcdcselector.com. For further information on Almef please refer to the company information.
(2) Almef takes data protection seriously. Your data is collected within the scope of the relevant legal provisions. For comprehensive information on these provisions please refer to www.datenschutz.de.
Sec. 2 Personal data
(1) Almef will save your IP address for the period of the query. Your IP address will automatically be deleted after the end of the session. Your IP address must be saved to enable you to make use of Almef's services.
(2) Employees of Almef are obligated to treat personal data as confidential. This data will only be disclosed to third parties if this is necessary for the fulfilment of the contract. If Almef must disclose any data to third parties thereafter, Almef shall only disclose such data, provided that such third party commits itself with respect to Almef to observe the protection of your data by means of a contract.
(3) Almef shall in no case disclose your personal data to any third party for promotional or marketing purposes without your express consent.
Sec. 3 Queries
Almef will save queries in an anonymised form. In this connection, only the variable values and parameters are collected in the search mask, but no personal data.
Sec. 4 Cookies
Sec. 5 Use of Google Analytics
(1) Almef's website uses Google Analytics, a web analysis service of Google Inc. Google Analytics uses so-called "cookies", text files which are saved on your computer and enable the analysis of your use of the website. The information on your use of this website generated by the cookie is transmitted to a Google server in the USA and is saved there.
(2) Almef advises you of the fact that Google Analytics was extended by the code "gat._anonymizeIp();"on this website, to ensure that your IP address (so-called IP masking) is anonymised. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Treaty on the European Economic Area before it is transmitted to a Google server in the USA. In this way, an unambiguous assignment of the IP address will not be possible anymore. The full IP address shall be transmitted to a Google server in the USA and shortened there in exceptional cases only.
(3) Google Inc. shall use this information on behalf of Almef to evaluate your use of the website, to compile reports on the website activities for Almef and to provide other services in connection with the website and internet use for Almef.
(4) Google Inc. may transmit this information to third parties if this is stipulated by law or insofar as third parties process this data on behalf of of Google Inc.. Google Inc. shall in no case combine the data collected in this way with other data of Google Inc.
(5) You may avoid the installation of the cookies by means of a respective setting of your browser software; Almef, however, advises you that, in this case, you may not be able to use all functions of Almef's website to the full extent. Moreover, you may avoid the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) and their transmission to Google as well as the processing of this data by Google, by downloading and installing the browser plugin available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de). For further information please refer to http://tools.google.com/dlpage/gaoptout?hl=de or to http://www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and data protection).
Sec. 6 Google AdSense
Almef uses Google AdSense to place ads which you might be interested in when visiting Almef's website. Google uses the DoubleClick DART Cookie. You may deactivate the use of the DART Cookie as a user by calling up the data protection provisions of the Google Network and Google Content Network.
Sec. 7 Cancellation of the consent
You may cancel your consent at any time with effect for the future.
Sec. 8 Data security
All data available on Almef's servers is protected from access by any unauthorised person by means of serially connected security systems. Employees and system providers of Almef regularly check the security system's effectiveness.
Sec. 9 Availability of the data protection provisions
You may call up and print these data protection provisions from any page of Almef's websites under "Data protection".
Sec. 10 Right of information
You shall be entitled at any time to receive information on the data saved in connection with you, its origin and receiver as well as the purpose of saving. For information on the saved data please write to the following address: Almef UG (limited liability), Meußlitzer-Str. 47, 01259 Dresden or send an e-mail to email@example.com.