This online information site is provided on the basis of the following General Terms and Conditions.

§ 1 Scope

1. These General Terms and Conditions apply to the use of the website of www.emveda.com.

2. Differing, conflicting or additional General Terms and Conditions or amendments to these conditions do not apply.

§ 2 Purpose of Use, Access and Operation

1. A precondition for the use of www.emveda.com is on-line access to the Internet. The Internet connection can be associated with dial-up or other telephone costs payable to the service provider thereof.

2. The user may utilize the Emveda portal to obtain information regarding Emveda. In addition, Emveda.com offers various services. These services are updated frequently. All new offers by Emveda.com that expand and/or improve the current scope of services are also subject to these General Terms and Conditions.

3. The use of Emveda.com services is free, except when a payment requirement for the respective service is clearly indicated. Emveda.com expressly reserves the right to impose a mandatory cost for individual services.

4. In order to use certain services, users must register in advance. In this case the user is required to provide truthful, accurate, current and complete information about his or her person in the relevant fields of the registration form. Furthermore, the user is required to update this data, where appropriate, so that the data remains truthful, accurate, current and complete. If this requirement is violated, Emveda.com is entitled to exclude the user, either temporarily or permanently, from the use of the services. Emveda.com reserves the right to provide certain services only to adult users.

5. Emveda.com is entitled to change the website and website pages at any time in any way. For technical reasons, there may be temporal and/or content restrictions impacting the system?s availability. The user does not have a claim to continuous access and use of the portal and its proffered services. In particular, the user does not have a claim to these services where access to the services and the portal page is caused by faults that are not the responsibility of Emveda.com.

6. Emveda.com strives to provide all users access to the Internet offers 24 hours a day, 7 days a week. Temporary business interruptions due to normal maintenance work, systemic disruption by third-party Internet providers or internet service carriers, as well as force majeure events, however, are possible. Users are therefore not entitled to continuous accessibility of the Internet portal.

§ 3 Responsibility for www.emveda.com Content

1. Emveda.com strives to provide correct and complete information to users, but makes no guarantee regarding the topicality, correctness or completeness of the information provided on the site.

2. Emveda.com grants users a simple, non-transferable right for personal use on a single system for Emveda.com-provided content. The contents of Emveda.com are tested with generally accepted commercially-available virus detection programs.

3. In terms of how third-party content and information stored by Emveda.com, Emveda.com?s responsibility is regulated by § 11 TDG. It is for the user to determine to their satisfaction the accuracy, legality and virus-free content of third party information.

4. Through direct and indirect references (links), it is possible for the user of the portal to obtain access to other Internet sites for which Emveda.com is not responsible. Emveda.com assumes no liability for the content of these external sites or services offered by third parties. Emveda.com therefore can not be held responsible for any loss or damage arising out of or in connection with the use of or reliance on any content, wares, or services obtained or accessed through external sites or sources.

5. Emveda.com expressly declares that at the time any link was made to an external site, no illegal content was contained on the linked pages. However, Emveda.com has no influence regarding the current and future design of the linked content and information provided.

§ 4 Links

A link to the main or home page of the Emveda.com portal is generally permissible and free of charge. An individual link, also called a deep link, is only permitted on the basis of separate, explicit consent from Emveda.com. Emveda.com reserves the right to make the use of such an individual link by entrepreneurs in the sense of § 14 BGB only possible through a charge.

§ 5 User?s Responsibilities and Duties

1. Users' activities aimed to prevent, hinder or delay the provision Emveda.com services, is prohibited and may result in criminal and/or civil law proceedings. It is expressly forbidden for users to upload files with executable programs or scripts (e.g. cgi, perl, php-format); to install or spread so-called junk- or spam-mail, viruses, worms or Trojan horses, etc.; to distribute or install E-mail bombing or denial of service attacks; to operate copyrighted works (such as software, mp3 files, audio formats, image formats). Unauthorized distribution or commercial exploitation of Emveda.com products intended for private use is likewise forbidden (e.g. through banner advertising).

2. The user is obliged to exonerate Emveda.com from all claims brought against Emveda.com by third parties because of or in connection with user activity within the scope of paragraph 2, insofar as the user is at fault. Emveda.com is entitled to either temporarily or permanently exclude the user from the use of Emveda.com services if a breech of a paragraph 2 becomes evident.

§ 6 Data Security

The Internet is a publicly accessible system. The disclosure of information by the user via the Internet is at the user?s own risk. The data may be lost or fall into the hands of unauthorized persons. Nevertheless, Emveda.com guarantees that program-related information in the Emveda.com system is protected in accordance with the usual standards and applicable laws.

§ 7 Privacy

Personal data of users is handled in accordance with the privacy policy of the Internet portal www.emveda.com.

§ 8 Contract Termination

The contractual relationship is in effect indefinitely, unless special conditions are attached to individual services. For services of Emveda.com which require no registration and are provided free of charge, both users and Emveda.com are entitled to terminate the use or provision thereof at any time.

§ 9 Emveda.com Liability

1. Emveda.com is liable under the law for damages resulting from the loss of life, body or health, and for damages under the product liability law.

2. For other damage Emveda.com assumes liability solely in accordance with the following rules:

Emveda.com is excluded from any liability not covered under the provisions of Section 1, point 1. In particular Emveda.com is not liable for loss of services or damages of any kind due to denial of service attacks, e-mail-bombing or computer viruses caused by third parties not associated with Emveda.com. The user is required to immediately inform Emveda.com of any damage falling under the above-defined liability provisions. Notification must be in writing or by email, so that Emveda.com can work with the user to limit or mitigate any damage. Notwithstanding this, users are also obliged to take appropriate damage mitigation measures.

Section 10 Copyright and Trademark Law

1. The layout of the site, graphics and texts are copyrighted. Apart from private use, any reproduction or use of such images and texts in other electronic or printed publications is not permitted without the express consent of Emveda.com.

2. Emveda.com endeavors to observe all copyrights of the graphics and texts used on the Internet portal, or to utilize royalty-free graphics and text. All protected trademarks and copyrights displayed in the Emveda.com portal, including copyrights and trademarks of third parties, are fully subject to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Citation of a trademark alone should not lead one to conclude that said trademarks are not protected by third party rights!

§ 11 Final Provisions

1. Emveda.com is entitled to alter these General Terms and Conditions and General Terms and Conditions for special services at any time without providing justification. The modified terms will be published on the home page or via e-mail with a link to the website on which the current General Terms and Conditions can be read, two weeks before its entry into force announced. If, after the announcement of the revised General Terms and Conditions, the user continues to use the service or services without opposition to the new General Terms and Conditions, or does not oppose the validity of the revised General Terms and Conditions within a period of four weeks, the amended General Terms and Conditions count as accepted. Emveda.com will notify the user regarding the coming into effect of these terms.

2. In business transactions with entrepreneurs, legal persons under public law or public funding, place of legal fulfillment and jurisdiction is regarded as Berlin, unless otherwise agreed.

3. Emveda.com is entitled to delegate the rights and duties resulting from the agreement to a third party. The user will be notified of the transfer thereof via email with a lead time of fourteen days.

4. The law of the Federal Republic of Germany applies regarding these General Terms and Conditions. In the event of conflicts between the English version and the German version of these General Terms and Conditions, the German version has precedence.

5. If one provision of the General Terms and Conditions is or becomes invalid, the remaining contents are not affected.

 

Effective from 01 January 2009