Terms of use

TERMS OF USE

(Updated Feb 12th, 2019)

1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE. The “Terms of Use” contained herein on this web page, shall govern your use of this website, including all pages within DALOG.net (collectively referred to herein as this “Website”). These Terms are entered into by and between DALOG® Diagnosesysteme GmbH (hereinafter DALOG®) and You, and you accept them by: (a) using the website in any other manner; and/or (b) acknowledging agreement with these terms. If you do not agree to all of these terms, do not use this website.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.Overall this website, includes without limitation; (a) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (“Information”); and (b) content such as data, text, software, music, sound, photographs, graphics, video, messages, collections or other materials (“Content”). If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and DALOG® for violations of these Terms.

2. INTELLECTUAL PROPERTY RIGHTS. Other than content you own, which you may have opted to include on this Website, under these Terms, DALOG® own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

2.1 Except as expressly authorized by DALOG® or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create erivative works of the Content of others, in whole or in part, by any means.

2.2 “DALOG® Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations DALOG® uses in connection with its products and services. You may not remove or alter any DALOG® Trademarks, or co-brand your own products or material with DALOG® Trademarks, You acknowledge DALOG®’s rights in DALOG® Trademarks and agree that any use of DALOG® Trademarks by You shall inure to DALOG®’s sole benefit. You agree not to incorporate any DALOG® Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

2.3 DALOG® is committed to respecting others intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright  infringement on our Website, please contact our copyright agent writing to privacy@dalog.net.

2.4 If You breach any of the terms or conditions in this Section 2. Upon termination, You must immediately destroy any downloaded and/or printed Content.

3. YOUR OBLIGATIONS AND CONDUCTS:

3.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and  complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to DALOG®, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. (e) By registering as a user or using the Website, you agree to accept these terms and conditions.

3.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is  inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to DALOG® or other users of the Website; (b) includes unauthorized isclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. DALOG® reserves the right to edit or remove Content that violates these Terms or that contains third-party
commercial advertisements.

3.3 You agree that You will not use the Website to: (a) transmit spam, bulk, advertising and/or promotion of products and/or services, other than those authorized by DALOG®. Requests for jobs or business offers are not allowed, or unsolicited communications; (b) pretend to be DALOG® or someone else, or spoof DALOG’s or someone else’s identity; (c) forge headers or otherwise anipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

3.4 Everyone using the Website must follow these Terms.

4. RESTRICTIONS. You are expressly and emphatically restricted from all of the following:

a. Publishing any Website material in any media;
b. Selling, sublicensing and/or otherwise commercializing any Website material;
c. Publicly performing and/or showing any Website material;
d. Using this Website in any way that is, or may be, damaging to this Website or to DALOG®;
e. Using this Website in any way that impacts user access to this Website;
f. Using this Website contrary to applicable laws and regulations, or in a way that causes, o may
cause, harm to the Website, or to any person or business entity
e. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation
to this Website, or while using this Website;
f. Using this Website to engage in any advertising or marketing;

5. DISCLAIMER OF WARRANTIES. The Website and any content are provided by DALOG® to you on an “AS IS,” “AS AVAILABLE” basis, except as expressly set forth in the terms. DALOG® does not make any other warranty of any kind whether express, statutory and/or implied, including but not limited to any implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose, accuracy, and from course of dealing, usage and/or trade practice, all of which DALOG® expressly disclaims. Without limiting the foregoing, DALOG® and/or its licensors, partners and content providers make no warranty that (a) the Website and/or content will meet your requirements and/or will be constantly available, uninterrupted, timely, secure and/or error-free; (b) the results that may be obtained from the use of the services will be effective, accurate and/or reliable; (c) any content and/or software available at and/or through the Website is free of viruses and/or other harmful components and/or (d) DALOG® will not be liable and/or otherwise responsible for any failure and/or delay in updating the services and/or any content. No advice and/or information, whether oral and/or written, obtained by you from DALOG® and/or through your access to and/or use of the services shall create any warranty not expressly stated in the terms.

If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to sixty (60) days from the date of first use. No oral or written information or advice given by DALOG® and/or its authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. LIMITATION OF LIABILITY. In no event shall DALOG®, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and DALOG®, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. INDEMNIFICATION. You agree to indemnify and hold DALOG® and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any and all liabilities, claims, demands, dagamages, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

8. SEVERABILITY. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. VARIATION OF TERMS. DALOG® is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

10. ASSIGNMENT. DALOG® shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. ENTIRE AGREEMENT. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between DALOG® and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.

12. GOVERNING LAW & JURISDICTION. These Terms will be governed by and construed in accordance with German law without giving effect to any conflict of laws principles of Germany.

13. DALOG’S PRIVACY POLICY. You consent to the collection, processing and storage by DALOG®
of Your personal information in accordance with the terms of DALOG’s Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of DALOG’s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website