The following conditions apply to the contents, databases and information provided on the heroal website accessible online at heroal.de by heroal - Johann Henkenjohann GmbH & Co. KG, Österwieher Str. 80, 33425 Verl, Germany (hereinafter referred to as "heroal").
heroal provides the information accessible online on the heroal website such as graphics, images, audio documents, video sequences, text, invitations to tender and downloads (hereinafter referred to as "content") for the purposes of providing online information via the internet (hereinafter referred to as "website"). By using this online service you agree with the following usage and licence conditions.
Copyrights and usage rights
heroal is and remains the owner of all rights (particularly all items protected by copyright and associated rights of protection, including the rights of the database producer as well as all other rights including the legal positions protected in accordance with the supplementary protection of related rights under competition law) in relation to the content accessible on the heroal website (including heroal news) and databases.
Any reproduction of the content provided on the website in other electronic or printed publications is not permitted without the express agreement of heroal.
Enabling use
heroal provides the heroal website for use within the context of its own technical and operational capabilities. heroal makes every effort to ensure as little interruption as possible to availability. Temporary restrictions or interruptions – e.g. caused by technical faults – are possible at any time. The user is responsible for the technical requirements necessary for the contractual use of the website. heroal does not offer any advice in relation to this. Users are prohibited from taking any action intended to impair the smooth operation of the heroal website, particularly excessively burdening the systems.
Usage permit
heroal grants the user the non-transferable and non-exclusive right, which is limited to the duration of the authorised use of the heroal website, to use the content of the heroal website accessible to the user within the context of the user’s respective work in the customary way for the purposes of information, work and planning with heroal products. These rights include the right of storage if this is associated with the normal access and/or the normal use of the heroal website. The user is only authorised to download content and to print content if heroal provides the opportunity to download or print as a feature (such as a download button or link).
This authorisation does not include the right for the user to wholly or partially reproduce or disseminate the contents other than for the individual case, to make the content accessible on the internet or to disseminate the content other than for the individual case. The user shall not grant third parties access to the contents of the databases other than for this use. Any change, adaptation, division/separation or other modification to the databases and/or content (including modification using add-on programs, translation, retrogression, decompiling, disassembly or the connection with other software and/or other data or databases), the removal of logos and/or corporate names and/or author identification and/or author logos is not permitted; § 69e Copyright Act (UrhG) remains unaffected. The user may not dispose of, rent out, sublicense or otherwise make available to third parties the content and/or databases or commercially exploit such content and/or databases in any other way. Any breach of these provisions shall entitle heroal to terminate the agreement without notice and shall place an obligation on the user amongst other things to provide compensation (§ 97 UrhG); such a breach may also be a criminal offence (§§ 106, 107, 108, 108a, 108b UrhG).
Content transmitted by the user
If the user transmits content or other data to heroal via the heroal website, it shall grant heroal the right to use such content and data free of charge for the intended purpose of the respective transmission. This right includes in any event usage in the context of the transmission of the message and its attachments and the receipt of such as well as the right to publish to third parties as long as this is provided by statute or has been ordered by a government authority or a court. By transmitting content and data, the user declares that heroal is entitled to grant rights associated with the transmission.
Liability
Due to the large amount of information contained in the content and databases accessible online, there may be individual instances of faulty content or information despite careful processing and checking. heroal shall not be liable for faults in connection with the heroal website or its contents, including databases, and shall not assume liability for any losses resulting from such faults or the accuracy of the available contents and information.
This also applies to restricted accessibility and functionality of the heroal website in particular. The end user shall therefore take reasonable precautions in the event that the website is not working properly either in whole or in part.
heroal does not assume any liability under this agreement with regard to guarantees or compensation. heroal and the end user particularly agree that the use of the website and its contents is no substitute for professional advice.
Applicable law, place of jurisdiction
This agreement is subject to the law of the Federal Republic of Germany excluding the provisions of international private law. The place of jurisdiction for all disputes arising from or in connection with this agreement is Gütersloh.
