Effective
Date: Nov 2007
TERMS
AND CONDITIONS OF USE
This
website, including any subsite accessible through the homepage (the
"Site"), is published and maintained by subsidiaries, affiliates,
and/or related entities of Dr. Alexander Glaessl, Ulm, Germany. For adress
see www.bmw-e3.de/impressum_d.htm. Please note that when
you enter any subsite accessible through this homepage, such subsite may
have its own terms and conditions of use which are specific to such
subsite. When you access, browse, or use this Site you accept, without
limitation or qualification, the terms and conditions set forth below and
any additional terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange,
modify, sell, or transmit anything you copy from this Site, including but
not limited to any text, images, audio, and video, for any business,
commercial, or public purpose. As long as you comply with the terms of
these Terms and Conditions of Use, Dr. Glaessl grants you a non-exclusive,
non-transferable, limited right to enter, display, and use this Site. You
agree not to interrupt or attempt to interrupt the operation of this Site
in any way.
Ownership
All materials on this Site, including but not limited to audio, images,
software, text, and video clips (the "Content"), are protected
by copyright under german copyright law, international conventions, and
other copyright laws. You cannot use the Content, except as specified
herein. You agree to follow all instructions on this Site limiting the way
you may use the Content. There are a number of proprietary logos, service
marks, and trademarks found on this Site. By making them available on this
Site, Dr. Glaessl is not granting you any license to utilize those
proprietary logos, service marks, or trademarks. Any unauthorized use of
the Content may violate copyright laws, trademark laws, the laws of
privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you
for your personal use at home, unless the subsite you are accessing states
that you may not. If you download any Content from this Site, you may not
remove any copyright or trademark notices or other notices that go with
it.
Dr. Glaessl's Rights to
User's Material
If you send any communications or materials to the Site by electronic mail
or otherwise, including any comments, data, questions, suggestions, or the
like, all such communications are, and will be treated as,
non-confidential and non-proprietary. Thus, you give up any claim that any
use of such material violates any of your rights including moral rights,
privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including the
right to approve the way Dr. Glaessl uses such material.
Any material submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold,
transmitted, or used by Dr. Glaessl anywhere in the world, in any medium,
forever. Furthermore, Dr. Glaessl is free to use, without any compensation
to you, any concepts, ideas, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing, and marketing products using
such information. However, you agree and understand that Dr. Glaessl is
not obligated to use any such ideas or materials, and you have no rights
to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You
understand that any message or information you send to this Site may be
read or intercepted by others, unless there is a special notice that a
particular message (for example, credit card information) is encrypted (sent
in code). Sending a message to Dr. Glaessl does not cause Dr. Glaessl to
have any special responsibility to you.
Links
This website may contain links to other Internet sites on the World Wide
Web. Dr. Glaessl provides such links for your convenience only, and is not
responsible for the content of any website linked to or from this Site.
Links from this Site to any other website do not mean that Dr. Glaessl
approves of, endorses, or recommends that website. Dr. Glaessl disclaims
all warranties, express or implied, as to the accuracy, legality,
reliability, or validity of any content on any other website.
Rules for Kids (Under Age
16)
If you are under 16, you should ask your parents or a guardian before you:
E-mail
the Site, or ask us to e-mail anything to you.
Send
in any information.
Dr. Glaessl's Right to Change
These Terms and Conditions of Use or Content on the Site
Dr. Glaessl may add to, change, or remove any part of these Terms and
Conditions of Use at any time, without notice. Any changes to these Terms
and Conditions of Use or any terms posted on this Site apply as soon as
they are posted. By continuing to use this Site after any changes are
posted, you are indicating your acceptance of those changes. Dr. Glaessl
may add, change, discontinue, remove, or suspend any other Content posted
on this Site, including features and specifications of products described
or depicted on the Site, temporarily or permanently, at any time, without
notice and without liability.
Indemnification
You agree to indemnify, defend, and hold Dr. Glaessl and all of its agents,
directors, employees, information providers, licensors and licensees,
officers, and parent (collectively, "Indemnified Parties"),
harmless from and against any and all liability and costs (including,
without limitation, attorneys' fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any breach
by you of these Terms and Conditions of Use or the foregoing
representations, warranties, and covenants. You will cooperate as fully as
reasonably required in Dr. Glaessl's defense of any claim. Dr. Glaessl
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you and
you shall not in any event settle any matter without the written consent
of Dr. Glaessl.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL
CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS
PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH
REGARD TO THE CONTENT ON THIS SITE, DR. GLAESSL MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT
PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES
THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT,
HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DR. GLAESSL'S
NEGLIGENCE, SHALL DR. GLAESSL BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE
OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS
AND FUNCTIONS OF THIS SITE, EVEN IF DR. GLAESSL OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this
Site together constitute the entire agreement between Dr. Glaessl and you
with respect to your use of this Site. Any cause of action you may have
with respect to your use of this Site must be commenced within one (1)
year after the claim or cause of action arises. If for any reason a court
of competent jurisdiction finds any provision of these Terms and
Conditions of Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the
intent of this agreement, and the remainder of these Terms and Conditions
of Use shall continue in full force and effect.
ONLINE PRIVACY POLICY
Unless it is for the purposes you have requested or originally agreed, Dr. Glaessl will not share the personal information you provide on the websites with any other parties, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom Dr. Glaessl contracts to carry out the internal operations of the website or our business; or (d) under exigent circumstances to protect the personal safety or property of our users, the public, or ourselves.
Security
While Dr. Glaessl cannot guarantee that unauthorized access will never occur, rest assured that Dr. Glaessl takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
Consent to Processing
By providing any personal information to the Dr. Glaessl websites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.