1.1. These general terms and conditions apply to the user and Brain Products GmbH (Brain Products). They govern the use of Brain Products’ website www.brainproducts.com. These terms and conditions have no bearing on other general terms and conditions issued and used by Brain Products. They particularly do not affect Brain Products’ General Terms and Delivery Conditions, which in case of conflict shall prevail.
1.2. Brain Products reserves the right to change, to complement, or to adjust these terms and conditions at all times. The most recent version of the terms and conditions can be found on www.brainproducts.com/terms_of_use.php.
1.3. Brain Products offers the user to use its website under the condition that he/she agrees and complies with the general terms and conditions and otherwise does not act in any way that is unlawful or potentially harmful to Brain Products and the operation and functionality of its website. Brain Products at all times reserves the right to cease operating its website at its own discretion.
2.1. Brain Products’ website solely serves the purpose to inform its users about Brain Products and the products and services it offers. It therefore cannot be taken to display any binding informa-tion whatsoever on the products and services on offer. All the information made available on the website is of advertising character only. Should a user or any other person want to purchase any product or service advertised on the website, only the respective product’s documentation (user manual) delivered with the product shall be relevant in respect of specific product details. Unless provided by law, no claim whatsoever can be based on information given through the website.
2.2. In so far as the website contains information on projects, references, workshops, events, or the like, Brain Products emphasizes that all information is solely provided as part of a voluntary effort to inform the user about events of all sorts relating to the products and services offered by Brain Products. Such information cannot base any claim directed at Brain Products, no matter whether such claim relates to products or services purchased or any of the above-mentioned events.
Whilst the website is operating, Brain Products endeavors to keep it accessible 24 hours a day. It nevertheless does not guarantee continuous and uninterrupted availability. No claim whatsoever shall arise from the website temporarily not being available.
4.1. The content made available on Brain Products’ website is protected under copyright law. Its usage is strictly subject to the adherence of copyright provisions. Without consent of Brain Products, the website or its contents must not be modified, duplicated, transferred, distributed, saved, or reissued.
4.2. With respect to software downloads made available on Brain Products’ website, any user downloading software must comply with the licensing requirements as described on the website. If software is made available for download free of license files, Brain Products grants a non-exclusive and non-transferable license only. All further rights remain exclusively with Brain Products.
5.1. Brain Products cannot be held responsible for the topicality, completeness, correctness, or quality of the information provided. Nor does Brain Products guarantee that its website is error-free or that errors will immediately be corrected.
5.2. Brain Products does not take any responsibility for the content, accuracy, legality, and functionality of websites of third parties which can be reached through links on Brain Products‘ website. Accessing foreign websites trough links happens at the user’s own risk.
6.1. In respect of data privacy Brain Products commits itself to obey to all provisions of law.
6.2. Brain Products is aware of the fact that a careful and diligent handling of private data is important. Brain Products undertakes all efforts in order to secure appropriate protection of users’ data. However, in so far as the user enters personal data voluntarily in order to be contacted by members of Brain Products or to benefit from newsletter or newsflash features, Brain Products takes no particular responsibility for data sent to Brain Products’ website if such data is read or intercepted by third parties.
7.1. These general terms and conditions as well as the entire legal relationship between the user and Brain Products are exclusively governed by German law.
7.2. Unless provided otherwise by law, the place of jurisdiction shall be Munich, Germany.
7.3. If one or more of these general terms and conditions are or will become partially or entirely void, this shall not have any effect on the remaining provisions. Void parts shall automatically be replaced by provisions which, in its entirety as well as in respect to individual contractual arrangements, appropriately reflect the general terms and conditions as laid down here. The sa-me shall hold true for lacunae.