Legal Notice

Information in accordance with § 6 TMG (Telemediengesetz - Teleservices Act):
Dressel GmbH
Heinrich-Hertz-Straße 18
59423 Unna

Represented by:
Michael Bellmer, Dirk Fischer

Contact:
Dressel GmbH
Heinrich-Hertz-Straße 18
59423 Unna
Telefon: +49 2303-9474-0
Fax: +49 2303-9474-80

Entry in the Registry:
Entry in the Company Registry.
Registry Court: Hamm
Registry Number: HRB 8180

VAT ID:
VAT identification number in accordance with §27a of the Value Added Tax Act:
DE 258 206 253

Responsible for content in accordance with § 55 para.
2 RStV (Rundfunkstaatsvertrag- Interstate Broadcasting Agreement):
Dressel GmbH
Heinrich-Hertz-Straße 18
59423 Unna

 Terms of Use

 1. Scope of application

 1.1

Use of the websites offered by Dressel GmbH (Dressel) ("Dressel Website") is authorised solely on the basis of the conditions set out here. The commencement of such use constitutes acceptance of these Terms of Use in their current version from time to time. Dressel retains the right to add to, amend or replace these general Terms of Use with additional conditions, e.g. for the acquisition of products and/or services.

 1.2

To the extent that the user uses the Dressel Website as or for an enterprise, i.e. in the practise of a commercial or independent professional activitiy, or acts for a public corporation, §312e para. 1 s. 1 no. 1 - 3 of the German Civil Code (BGB) has no application.

 1.3

For web offers directed at enterprises or public corporations, the relevant enterprise or corporation is represented by the user and is imputed with the user's acts and knowledge.

 2. Services

 2.1

Dressel makes certain information and software, along with documentation if applicable, available on the Dressel Website for retrieval or download.

 2.2

Dressel provides no warranty as to the uninterrupted availability of the Dressel Website due to the nature of the Internet and computer systems.

 2.3

Dressel is free to cease the operation of the Dressel Website at any time in whole or in part.

 3. Registration, Password

 3.1

Some of the Dressel web-pages may be password-protected. Access to these pages and the use of these pages is exclusively reserved for registered users. There is no right to registration by Dressel. Dressel is entitled to extend the registration requirement to web-pages that have been freely accessible to date. Dressel can revoke a user's entitlement to access at any time by blocking the access data, this applies particularly to instances where the user (i) gave false information when registering, (ii) has breached the conditions and/or duty of care in dealing with the registration data, (iii) breaches applicable laws when accessing and/or when using the Dressel Website or (iV) the user does not use the Dressel Website for an extended period of time. There is no requirement to provide reasons for revocation of the entitlement to access.

 3.2

Insofar as registration is necessary for the use of the Website, the user must truthfully provide all information necessary for the registration and, if applicable, must promptly inform Dressel of any changes. The user is responsible for ensuring that the user receives the emails that are sent to the email address specified by the user.

 3.3

As part of the registration, the user receives a username and a password, which can be changed after the first use to a password known only to the user. With the username and password, the user can view, change as well as revoke or extend his consent to the use and data processing of the user's data.

 3.4

As long as the deletion of a user's registration would not inhibit the carrying out of current contractual relationships, the user can demand the deletion of his registration at any time in writing. Dressel will then delete all user data and all other saved personal data of the user that is connected with the registration on the Dressel Website, as soon as it is no longer needed.

 3.5

The user bears the responsibility for ensuring that his user data (log in and password) does not become known to third parties and is liable for all activities undertaken with his user data. The user must properly log out after use of the Website and before leaving the password-protected area. The user must promptly inform Dressel in writing if the user becomes aware of any third parties making improper use of the user data.

 4. Rights to Use Information, Software and Documentation

 4.1

These conditions apply to the use of information, software and documentation made available on the Dressel Website or, where information, software or documentation is updated, the earlier applicable licence conditions agreed with Dressel. Separately agreed licence conditions take precedence over these conditions.

 4.2

Software offered on the Dressel Website will be made available at no cost in machine readable form. There is no right to the source code.

 4.3

Dressel grants the user a non-exclusive and non-transferable right to use the information, software and documentation made available on the Dressel Website to the extent agreed or, if there is no agreement, to the extent that corresponds with Dressel's pursued objective in making such available.

4.4

The user is expressly prohibited from selling, distributing, leasing or otherwise making the information, software or documentation available to third parties at any time. The user is also not allowed - so far as there are no mandatory legal provisions to the contrary - to change, reverse-engineer or re-translate the software and/or its documentation or to remove parts of it.

The user may create a back-up copy of the software if this copy is required to secure future usage on the basis of these Terms of Use.

4.5

The information, the software and the documentation are protected by copyright laws as well as international copyright agreements and other intellectual property laws and agreements.

The user will respect these rights, and in particular will not remove alpha-numeric identifiers, brands and copyright notations from the information nor from the software nor from the documentation nor from copies of such.

4.6

The remainder of §§ 69a et. seq. of the Copyright Act remains unaffected.

5. Intellectual Property

5.1

Information, brand names and other content on the Dressel Website may not be altered, copied, reproduced, sold, leased, used, added to or otherwise employed without Dressel's prior written approval. 

5.2

The user is not granted any other rights of any kind whatsoever due to the user's use other than those set out in these Terms of Use, in particular to the company name and industrial property rights such as patents, registered designs or trademarks. Dressel has no obligation to grant rights of this type.

5.3

Dressel may exploit ideas and suggestions that users have posted on the Dressel Website free of charge for the development, improvement, sales and distribution of the products in its portfolio.

6. User's Obligations

6.1

When using the Dressel Website the user may not:

  • inflict injury to persons or breach their personality rights
  • act in breach of good etiquette in his usage behaviour
  • breach industrial property rights and copyright or other proprietary rights
  • transfer content with viruses, trojan horses or other programs that can damage software
  • enter, save or send hyperlinks or content without authority, especially if these hyperlinks or content breach obligations of confidentiality or are contrary to law
  • distribute advertising or unsolicited emails ("spam") or inapplicable warnings about viruses, malfunctions and similar or invite participation in lotteries, snowball systems, chain letters, pyramid games and comparable activities

6.2

A breach of the obligations in these Terms of Use entitles Dressel to block the user from access to the Website.

7. Hyperlinks

The Dressel Website can contain hyperlinks to third party websites. Dressel assumes neither responsibility for the content of these websites nor does it claim these websites as its own, since Dressel does not control the linked information and is not responsible for the content and information that is made available there. It is used at the user's own risk 

8. Liability for legal and material defects

8.1

The information on the Dressel Website may contain specifications or general descriptions of the technical abilities of products, which are not necessarily accurate in every individual case (e.g. due to product changes). The desired performance features of the product must therefore be agreed in each instance on acquisition.

8.2

Insofar as information, software or documentation is made available at no charge, there is no liability for material and legal defects in the information, software and documentation, particularly with regards to its accuracy, the absence of mistakes, freedom from third party protection or copyright, its completeness and/or usability - except in the event of intent or withholding.

9. Other Liability, Viruses

9.1

Dressel's liability for material and legal defects is dealt with by the provisions in paragraph 8 of these Terms of Use. Otherwise, Dressel has no liability to the extent that there is no compulsory liability under the Product Liability Act due to intent, gross negligence, due to injury to life, limb or health, due to the provision of a guarantee of quality, due to the withholding of information regarding a defect or due to a breach of fundamental contractual obligations. Compensation for a breach of fundamental contractual obligations is however limited to the typical contractual, foreseeable damages to the extent that it was not intentional or grossly negligent.

9.2

Although Dressel continuously seeks to keep the Dressel Website free from viruses, Dressel does not provide any guarantee that it is free of viruses. Before downloading information, software and documentation, the user will employ appropriate security measures and virus scanners to ensure his own protection as well as to prevent viruses on the Dressel Website.

9.3

The above provisions in paragraphs 9.1 and 9.2 do not alter the onus of proof to the disadvantage of the user.

10. Compliance with Export Control Provisions

10.1

The user must comply with the relevant applicable provisions of national and international (re-) export control law when passing on information, software and documentation made available by Dressel to third parties. In any event, when engaging in such passing on, the user must abide by the (re-) export control provisions of the Federal Republic of Germany, the European Union and the United States of America.

10.2

The user will, before engaging in such passing on, examine and use appropriate measures to ensure in particular that

the user does not, in passing such items on to third parties or by making other economic resources available in connection with the information, software and documentation made available by Dressel, breach an embargo of the European Union, the United States of America and/ or the United Nations - even when any possible limitations for domestic operations and any prohibitions on circumventions are taken into consideration

the information, software and documentation made available by Dressel is not designed for a prohibited use or a nuclear or weapons technology use that relates to armaments and requires approval, unless any required approvals have been obtained

the provisions of all relevant sanctions lists of the European Union and the United States of America regarding business traffic with the enterprises, persons or organisations named therein are complied with

10.3

Insofar as required by the carrying out of export control examinations by authorities or Dressel, the user will, on demand and without delay, provide Dressel with all information about the end recipient, the end destination and the purpose of the use of the information, software and documentation made available by Dressel, as well as the valid export control limitations relevant to it.

10.4

The user indemnifies and holds Dressel free from harm to the fullest extent from all claims that are brought by authorities or other third parties against Dressel because of the user's failure to abide by the above export control legal obligations and undertakes to compensate Dressel for all damages and expenses incurred by Dressel in this connection unless the user is not responsible for the breach of obligations. This does not alter the burden of proof.

10.5

Dressel's fulfilment of the contract is subject to the condition that there are no hindrances to the fulfillment due to national or international foreign trade law provisions or due to embargoes and/or other sanctions

 

Business Units