Terms of Use, March 2019
The following terms of use apply to the use of and registration on petra-scharmann.de (hereinafter referred to as „the Website“).
Please read these Terms of Use before accessing, browsing or otherwise using the Site.
If you access, browse, view or otherwise use this Website, you are subject to these Terms of Use and all applicable laws and regulations. By accessing and using the Site, you agree to be legally bound by these Terms of Use without limitation or qualification. If you do not agree to these Terms of Use, please do not use the Site. If, at any time, you no longer agree with any part of these Terms of Use, please discontinue use of our Website immediately.
Right to modify, update or remove the Terms of Use
Petra-scharmann.de reserves the right to change, update, add or remove portions of the Terms of Use at any time without notice. Please read the Terms of Use regularly for changes. If you continue to use the Website, this means that you agree to such changes or deletions.
Privacy Policy
In the privacy policy of petra-scharmann.de you will find information on the collection, use and storage of user information.
Copyright and use of website content
The Site and any Content it contains now and in the future, including, but not limited to, articles, reports, announcements, reports, press releases, statements, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the „Content“), are the property of petra-scharmann.de and protected by German copyright, trademark and other intellectual property laws against unauthorized reproduction and dissemination. Some of the trademarks and logos displayed on the website are the property of third parties. Except as provided in these Terms of Use, none of the content of this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use this Site or any content displayed on the Site by framing or otherwise, without the prior written permission of petra-scharmann.de or such third party that may own the trademarks or content displayed on this Site.
petra-scharmann.de recommends and permits linking to content on this website. petra-scharmann.de is a company committed to the highest professional standards. petra-scharmann.de therefore does not grant permission or other permission to link to this website or its content if such use or linking (a) creates the impression that petra-scharmann.The petra-scharmann.de website promotes or supports the concerns, views, political campaigns, websites, products or services of third parties, (b) reproduces, displays, distributes or otherwise uses content without the express written consent of petra-scharmann.de or (c) uses content for commercial purposes. Furthermore, petra-scharmann.de does not permit linking to this website if the operators of the linking website pursue inadmissible activities (as described in these Terms of Use). We reserve the right to revoke your consent to a link at any time. Petra-scharmann.de grants you the right to view, download and print a copy of the Content on a single computer for your own legitimate personal, non-commercial use only, provided that you fully comply with these Terms and Conditions and that you retain all copyright, trademark or other intellectual property notices contained in the Content and that the Content or portions thereof are not modified.
Responses to Online Requests
From time to time, petra-scharmann.de may offer to provide interested parties with information or materials by e-mail or other means. petra-scharmann.de reserves the right to refuse requests for such information at its sole discretion or to discontinue the provision of such information or materials to any person for any reason whatsoever.
Prohibited activities
You may use this website only for lawful purposes. You may not upload to, distribute through, or otherwise publish on the Site any Content to which the following applies:
– Content that petra-scharmann.de, in its sole discretion, finds offensive, defamatory, obscene, pornographic, derogatory, abusive, harassing, threatening or otherwise objectionable
– Content that contains computer viruses, worms, spyware or other contaminating or destructive elements; Content that infringes the rights of others, such as content that infringes copyrights, trademarks, patents, trade secrets, privacy or publicity rights.
– Content that contains false or misleading statements
– Content that contains advertising or otherwise violates criminal or civil law provisions. You may not use the Site for any commercial purpose whatsoever and may not advertise any funds, goods or services through the Site. Further, you may not use the Site to provide subscribers with other online information sources that compete with the Site.
Manage and remove content
petra-scharmann.de generally cannot and will not review and is not responsible for any content posted by Users on the Site (the „User Content“). petra-scharmann.de reserves the right to block your access to such areas and/or delete, move or edit any User Content (including any postings on any forums) that, in the sole discretion of petra-scharmann.de, violates the Terms of Use. You are solely responsible for the User Content posted by you or any other person using your User Account. petra-scharmann.de may, but is not obligated to, correct any errors or omissions in any User Content at its sole discretion.
petra-scharmann.de prohibits the publication of information that infringes or violates any copyright and/or other intellectual property rights (including the right to privacy and publicity rights) of any person or entity. If you believe that your intellectual property right (or any right that you are responsible for enforcing) is being infringed by content on the Site, please notify petra-scharmann.de in writing to the address below, providing the following information: (a) Identification of the copyrighted work and/or intellectual property right that is claimed to have been infringed; (b) Identification of the material on the Website that you believe is infringing the copyright and that is to be removed; (c) Your name, address and telephone number, if any, at which you can be reached during the day, and an e-mail address; and (d) a statement that you have a good faith belief that the use of the copyrighted work and/or the exercise of the intellectual property right is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information contained in the notice is accurate and an affidavit that the undersigned is authorized to act on behalf of the owner of the right alleged to be infringed; and (f) the signature of the intellectual property owner or a person authorized by the owner to claim infringement of the right. petra-scharmann.de will delete any posted content that infringes the copyright or other intellectual property rights of persons governed by the laws of the United States of America upon receipt of such notice (or such other notice as may be appropriate under Section 512(c)(3) of the U.S. Code). If such notice is misrepresented, U.S. law will impose substantial penalties. In appropriate cases, persons who repeatedly post infringing or unlawful material will be prohibited from posting further material. Contact for notices regarding this section: datenschutz(at)coletta.de.
disclaimer
petra-scharmann.de makes no representations whatsoever and makes no warranties as to the accuracy or reliability of User Content displayed, uploaded or posted on message boards or otherwise by subscribers, information providers or other third parties. petra-scharmann.de expressly disclaims any liability for User Content. You acknowledge that it is entirely at your own risk to trust such content.
The Website may contain links to other websites on the Internet which are owned and operated by third parties (hereinafter referred to as „External Websites“). You acknowledge that petra-scharmann.de is not responsible for the availability of external websites or for the content or software applications available on or through external websites. If you have any concerns about such links or external sites, you should contact the site administrator or webmaster of such external sites.
Subscriber Terms and Conditions
When you register or apply at petra-scharmann.de, you are obliged to provide correct, complete and up-to-date registration data. In addition, you agree to notify petra-scharmann.de immediately of any changes to this data.
Individual subscriptions to the website can only be taken out by persons who are at least 18 years old. Minors may only receive access keys or user IDs/passwords as part of a legitimate group subscription. Your right to use this site is personal to you and cannot be transferred to any other person.
You are responsible for obtaining those communications services, computer equipment and other products or services that you need to access and use the Site. You are responsible for all costs associated with accessing and connecting to the Site, including, but not limited to, fees charged by an Internet service provider or your local telephone provider.
registration details
Unless you choose not to do so by selecting the appropriate option within your personal information on the Site, petra-scharmann.de has the right to share limited registration information, including (but not limited to) your name, email address and mailing address, with affiliates, partners and third parties so that they can send you information about products and services. petra-scharmann.de is also entitled to pass on aggregated data for the use of the website as well as demographic data of registered persons, without this revealing the identity of individual registered persons. petra-scharmann.de is entitled to send you e-mails to inform you about changes or additions to the website or about products and services of petra-scharmann.de. Further information on this subject can be found in the Petra-scharmann.de data protection declaration.
third parties
petra-scharmann.de may provide you with links to third-party websites. It is possible that some of the content displayed on the website may have been created by third parties (content providers). petra-scharmann.de assumes no responsibility for such third party websites which may be subject to the terms of use and privacy policies of such third party content providers.
Access to and availability of the website
Due to maintenance, malfunction of computer hardware or software, or other causes, the Site may not be available to you or may interfere with your systems or operations. It is your sole responsibility to ensure that the information or content you obtain through the Site does not contain any computer viruses, worms, spyware or other software code or subroutine that could disable, delete, interfere with or otherwise damage your systems, software or data.
Restriction, suspension or termination
petra-scharmann.de reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any portion of the Site at any time without notice or liability and without obligation to refund any fees paid for products or services.
petra-scharmann.de may modify, suspend or discontinue the entire Site or any portion thereof at any time without notice or liability. This includes the availability of any functions, databases or content of the Website.
disclaimer of warranty
THIS WEBSITE AND ALL CONTENT CONTAINED THEREIN IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. Neither petra-scharmann.de nor any third party content providers or their respective representatives make any representation regarding any express or implied warranties. THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND ANY CONTENT OR PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOU BEAR THE SOLE RISK FOR THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT. EITHER petra-scharmann.THE THIRD PARTY SUPPLIERS OF THE CONTENT OR THEIR PARTICULAR REPRESENTATIVES AGREE TO GUARANTEE ANY WARRANTY, THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE ARE ALWAYS FREE FROM INTERRUPTIONS OR DISTURBANCES, OR FOR THE RESULTS THAT ARE TO BE ACHIEVED THROUGH THE USE OF THE WEBSITE OR THE CONTENT. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE PARAGRAPH 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES THAT „A GENERAL INDEMNITY SHALL NOT AFFECT ANY CLAIM OF WHICH THE CREDITOR HAS NO KNOWLEDGE AT THE TIME THE INDEMNITY IS MADE OR WHICH THE CREDITOR DOES NOT SUSPECT TO BE IN ITS FAVOR AT THE TIME THE INDEMNITY IS MADE AND WHICH, IF IT HAD KNOWLEDGE OF SUCH CLAIMS, WOULD HAVE HAD A MATERIAL INFLUENCE ON THE CREDITOR’S SETTLEMENT WITH THE DEBTOR“.
limitation of liability
Petra-scharmann is not liable under any circumstances.de, third party content providers or the respective predecessors, successors, superiors, subsidiaries, branches and former and future managers, directors, shareholders, investors, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. THIS PROVISION SHALL ALSO APPLY IF THE PARTY CONCERNED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THIS CASE, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. in such states, the liability of coletta.de, third party content providers and their respective agents is limited to the maximum permitted by law.
Compensation
Are petra-scharmann.de or its legal predecessors, legal successors, parent companies, subsidiaries, branch companies, former and future managers, managing directors, shareholders, investors, employees, agents, information providers, lawyers, representatives, licensors (together „representatives of coletta.de“) in connection with your use of or suspected use of this website or any breach by you of these Terms of Use or any representations, warranties and covenants you have made by agreeing to these Terms of Use, any liabilities, losses, costs or expenses (including attorneys‘ fees), you hereby agree to indemnify the representatives of petra-scharmann.petra-scharmann.de reserves the right to defend, indemnify and hold harmless you, at its sole expense, from and against any and all claims, losses, costs or expenses (including attorneys‘ fees) that petra-scharmann.de may have. petra-scharmann.de reserves the right to defend, defend and hold harmless you, at its sole expense, from and against any and all claims, losses, costs or expenses (including attorneys‘ fees) that petra-scharmann.de may have against you. In this case, you agree to cooperate with petra-scharmann.de in a reasonable manner to defend such a claim.
Choice of law:
The terms of use are subject to German, alternatively EU law.
Completeness clause
The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any prior written or oral agreement between the parties with respect to such subject matter.
No modification or waiver
The Terms of Use may not be modified except in a document signed by both parties. A waiver by either party of any breach or non-performance shall not constitute a continuing waiver of any other breach or non-performance unless such waiver is set forth in a document signed by an authorized representative of petra-scharmann.de.