Use as of March 14, 2004
THIS WEB SITE, LEITER-CIE.COM or LEITER-CIE.DE(together referred to as the "Site"). THESE TERMS
GOVERN EACH VISITOR’S (“You,” “Your”) USE OF THE SITE AND ARE BINDING BETWEEN
YOU AND LEITER & CIE. GMBH ("LEITER & CIE.," “We,” “Our”).
1. Purpose of the Site
is made available by LEITER & CIE. to You solely for Your internal,
informational, non-commercial, or business use; nothing herein constitutes an
offer to sell, lease, or provide any goods or services.
2. Acceptance of Terms
Your use of
the Site constitutes Your full legal acceptance of each of these Terms, both in
Your individual capacity and, to the extent You use the Site on behalf of Your
employer, as an employee and agent of Your employer. If You use the Site on
behalf of Your employer, You represent that You have the authority to bind Your
employer and You acknowledge that Your use of the Site binds Your employer to
these Terms and that each use of the term “You” and “Your” includes Your
employer. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.
3. Limited Authorization to Use Protected
& CIE. grants You permission to display, download, and print copies of information
contained on the Site ("Information") subject to Your agreement to
abide by the following conditions: You may display, download, and print copies
of the Information solely for Your internal, informational, non-commercial or
business purposes, and You must retain and reproduce each copyright notice or
other proprietary rights notice contained in any of the Information You
display, download, or of which you print copies. With the exception of the
foregoing limited authorization, You are not granted any license to or right in
connection with the Site.
may contain or reference trademarks, service marks, patented materials, copyrighted
materials, trade secrets, technologies, products, logos, processes or other
proprietary materials ("Intellectual Property"). All such
Intellectual Property is the property of its respective owner, which may be LEITER
& CIE. and/or other parties. Except as otherwise expressly stated herein,
You are not granted any license to use, or right in, any such Intellectual
Property. Non-compliance, to any degree, with the above Terms relating to
displaying, downloading and printing copies of the Information, and the use of
the Intellectual Property displayed or otherwise made available on the Site,
constitutes a material breach of these Terms and immediate forfeiture of the
above limited authorization.
4. Accuracy; Exclusion of Warranties and
Limitation of Liability
& CIE. makes reasonable efforts to ensure that all information contained on
the Site is accurate and up to date. Nevertheless, Your use and browsing of the
Site is exclusively at Your own risk and the Site is provided to You AS-IS.
& CIE. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE
SITE AND THE MATERIALS CONTAINED THEREIN. LEITER & CIE. EXPRESSLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND
ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION
CONTAINED IN THE SITE.
& CIE. ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR
BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.
CIRCUMSTANCES SHALL LEITER & CIE. BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE
OR ANY FAILURE TO PERFORM UNDER THESE TERMS EVEN IF LEITER & CIE. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEITER & CIE.'S SOLE LIABILITY
HEREUNDER SHALL NEVER EXCEED $500.00.
YOU WILL INDEMNIFY AND HOLD LEITER & CIE. AND ITS
AFFILIATES, PARTNERS, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND
CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (THE “INDEMNIFIED PARTIES”) HARMLESS
FROM ANY CLAIMS ARISING FROM (a) ANY BREACH OF THESE TERMS BY YOU, OR (b) YOUR
USE OF THE SITE OR ANY INFORMATION ACCESSED FROM THE SITE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL
HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH MATTER, AND AGREE TO INDEMNIFY
ANY AND ALL RESULTING LOSSES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND
ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
6. Treatment of Information You Provide
You hereby grant to LEITER &
CIE. the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display all content, remarks,
suggestions, ideas, graphics, or other information communicated to LEITER &
CIE. through the Site (together, the “Submission”), and to incorporate any
Submission in other works in any form, media, or technology now known or later
any limiting language You may use when transmitting Your Submission. LEITER & CIE. will not be required to
treat any Submission as confidential, and may use any Submission in its
business (including without limitation, for products or advertising) without
incurring any liability for royalties or any other consideration of any kind,
and will not incur any liability as a result of any similarities that may
appear in future LEITER & CIE. operations.
If You do not want LEITER
& CIE. to use Your Submission unless it pays You a fee, or agrees to other
terms, do not transmit it to LEITER & CIE. via the Site.
& CIE. takes Your privacy seriously. Your use of the Site constitutes the
handle personal data that You send to the Site, if any. Note that any third
party Web sites linked to the Site have their own privacy policies, which may
the privacy policies of these Web sites to determine if these privacy policies
are acceptable to You.
8. Links to Third Party Sites
may contain links to other Web sites or frame information from other Web sites
that are not under the control of LEITER & CIE.. LEITER & CIE. is
providing these links and/or frames to You only as a convenience.
& CIE. MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND
WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE,
MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH
LINKED OR FRAMED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES
SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE
THAT THE POLICIES OF OTHER SITES LINKED TO OR FRAMED BY THE LEITER & CIE.
SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS, ESPECIALLY WITH RESPECT TO THE
USE AND COLLECTION OF PERSONAL INFORMATION.
You will not and will not
authorize any other party to (i) co-brand the Site, (ii) frame the Site, (iii)
link to the Site or (iv) run any third party ad server software while viewing
the Site, without the express prior written permission of an authorized
representative of LEITER & CIE.. In
these Terms, “co-branding” means to display a name, logo, trademark or
other means of attribution or identification of any party in a manner that is
reasonably likely to give the impression that such other party has the right to
display, publish or distribute the Site or content accessible within the Site,
“framing” means to display the Site on the same screen with a portion of
another Web site, and “third party ad server software” means software
from a third party that causes advertisements to appear while You are viewing
the Site. You agree to cooperate with LEITER
& CIE. in causing any unauthorized co-branding, framing or linking to
immediately cease and to disable any third party ad server software while
viewing the Site.
You may not post, send, submit,
publish, or transmit in connection with the Site any material that:
You do not have the right to post, including proprietary material of any
advocates illegal activity or discusses an intent to commit an illegal
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to the Site;
· threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
· seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of
any entity or person, including violating anyone’s copyrights or trademarks or
their rights of publicity;
· violates any law or may be considered to violate any
· impersonates or misrepresents Your connection to any
other entity or person or otherwise manipulates headers or identifiers to
disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for
sale products or services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be specifically authorized on the
· solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or
“Trojan horses” or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications;
· disrupts the normal flow of dialogue, causes a screen
to scroll faster than other users are able to type, or otherwise act in a way
which affects the ability of other people to engage in real time activities via
· includes audio or video format files;
· amounts to a ‘pyramid’ or similar scheme;
· disobeys any policy or regulations established from
time to time regarding use of the Site or any networks connected to the Site;
· contains hyper-links to other Web sites that contain content that falls within the descriptions set forth above.
LEITER & CIE. reserves the
right to monitor use of the Site to determine compliance with these Terms, as
well the right to remove or refuse any information for any reason. Notwithstanding these rights, You remain
solely responsible for the content of Your submissions. You acknowledge and agree that neither LEITER
& CIE. nor any third party that provides content to LEITER & CIE. will
assume or have any liability for any action or inaction by LEITER & CIE. or
such third party with respect to any submission.
You are prohibited from using any services or
facilities provided in connection with the Site to compromise security or
tamper with system resources and/or accounts. The use or distribution of tools
designed for compromising security is strictly prohibited. If You become involved in any violation of
system security, LEITER & CIE. reserves the right to release Your details
to system administrators at other Web sites in order to assist them in
resolving security incidents. LEITER
& CIE. reserves the right to investigate suspected violations of these
LEITER & CIE. reserves the right to fully
cooperate with any law enforcement authorities or court order requesting or
directing LEITER & CIE. to disclose the identity of anyone submitting any email
messages, or publishing or otherwise making available any materials that are
believed to violate these Terms. BY
ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS LEITER & CIE. FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEITER & CIE. DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER LEITER & CIE. OR LAW ENFORCEMENT AUTHORITIES.
10. Local Laws; Dispute Resolution
(excluding any linked Web site) is controlled by LEITER & CIE. from its
offices in Grünwald, Germany. The Site can be accessed from all states
in Europe, as well as from other countries around the world. Each of these
places has laws that may differ from those of Germany. By accessing the Site,
You agree that all matters relating to access to, or use of, the Site or any
other linked Web site, shall be governed by the applicable laws of Germany, without
regard to the conflicts of laws principles thereof. You also agree, and by
using the Site hereby submit, to the exclusive personal jurisdiction and venue
of the courts in Munich, Germany, to any dispute arising out of Your use of the
Site or these Terms.
of the Site is void where prohibited by laws in jurisdictions to which You are
otherwise subject, and You agree that You shall not visit or use the Site in
any such circumstances. You agree and acknowledge that Your use of the Site,
and all transactions occurring in connection with the Site, shall be deemed to
have occurred and taken place solely in Germany.
11. Statute of Limitations
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site or the these Terms must be
filed within one (1) year after such claim or cause of action arose or be
& CIE. reserves the right to modify and add to these Terms at any time
without prior notice by posting the new terms on the Site. You should
periodically review these Terms for updates. Use of the Site after such posting
of any modifications or additions shall constitute Your acceptance of the new
terms as indicated above.
& CIE., in its sole discretion, determines that a violation of these Terms
has occurred, LEITER & CIE. may pursue any available legal remedies.
However, the failure of LEITER & CIE. to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or provision.
event that any provision of these Terms is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions.
Terms contain the entire agreement between You and LEITER & CIE. relating
to the subject matter hereof, and supersede any prior understanding or
agreements regarding the subject.
section titles in these Terms are for convenience only and have no legal or
& CIE. is committed to providing the best possible experience for users of Our
Site. If You observe material or behavior that may violate one of the Terms,
including without limitation material that You believe may be infringing
another's rights, please contact Web Master, Leiter & Cie. GmbH, Luise-Ullrich-Strasse 2, 82031 Grünwald,
© 2004 Leiter & Cie. GmbH