Application of these Terms and Conditions of Use
These Terms and Conditions of Use govern the relationship between the Users of this website and CARUSO, the operator of this website and provider of the services available on this website. Under certain circumstances, however, more specific Terms and Conditions of Use may apply, for example, where this has been separately agreed when downloading software or certain online services. The more specific Terms and Conditions of Use shall then take precedence over these Terms and Conditions of Use.
Alterations to the Terms and Conditions of Use
CARUSO shall reserve the right to alter these Terms and Conditions of Use at any time without stating a reason. The current version of the Terms and Conditions of Use can be viewed by clicking on the “Terms and Conditions of Use” hyperlink at the bottom of our websites. These Terms and Conditions of Use shall then apply categorically for all transactions that are performed after such come into force.
Where these altered Terms and Conditions of Use contain provisions that have implications for an ongoing contractual relationship with the User, such as provisions regarding the User Account, the following shall apply: The User shall be informed in good time of the alteration to the Agreement and he/she shall be given the possibility to terminate said Agreement at least 30 days before the altered provisions come into force. The User shall also be advised, in particular, that the alteration will come into force if he/she fails to terminate the Agreement. If the User objects to the alteration, CARUSO may terminate the Agreement without notice. Completed transactions shall remain unaffected by this.
Limitation of use
Subject to any provision to the contrary, the User shall not be permitted to change, copy, distribute, forward, advertise, duplicate, publish, licence, prepare derivative works of, transmit or sell information, software, products or services which he/she has obtained by accessing CARUSO services.
The elements of the CARUSO websites are protected by copyright, trademark right, competition right and other laws, and may not be copied or imitated either in part or in full. Logos, graphics, sound or images from CARUSO websites may not be copied or forwarded to others, unless CARUSO has given its express consent for this.
Provision with regard to software and services available on this website
All and any software that is made available for download (“Software”) is the copyright-protected work of CARUSO and/or its suppliers. The use of the Software shall be subject to the provisions of the End User License Agreement, where available, that is enclosed with the Software or contained in it, or provided on the download page or in the installation program (“Licence Agreement”). End Users may only install Software that is part of a Licence Agreement if they have agreed to the provisions of the Licence Agreement beforehand.
CARUSO shall reserve the right to modify the Software and corresponding services that can be accessed via this website, or to cease the provision of said Software and services entirely. CARUSO cannot guarantee that the Software or certain functions are available at all times.
The Software shall be made available for download solely for further use by the End User pursuant to the Licence Agreement. It is expressly prohibited by law to reproduce or resell the Software outside the scope of the provisions of the Licence Agreement, and any attempt to do so may have severe consequences under civil and criminal law. Any contraventions shall be vigorously pursued.
Where non-personal data is accumulated when using this website or the Software and services available via this website, CARUSO shall expressly reserve the right to store and analyse such non-personal data for its own purposes.
Warranty and liability for Software and other services
Warranty for Software and other services that are available on this website against payment shall be in accordance with the provisions of the respective overriding individual agreement concluded between CARUSO and the User. Warranty for Software and other services that are available on this website free of charge shall be in accordance with Section 524 BGB [German Civil Code].
Liability for Software and other services that are available on this website against payment shall be in accordance with the provisions of the respective overriding individual agreement concluded between CARUSO and the User. Liability for Software and other services that are available on this website free of charge shall be limited to cases of intent and gross negligence.
Where third-party data and information, in particular prices or total amounts, are displayed or transmitted on this website, CARUSO shall accept no responsibility for ensuring that the contents of such data and information are accurate and complete.
Membership account, password, security
If one of the services requires setting up an account, the User must provide information that is up-to-date, complete and correct in response to the data requested on the registration form during the registration process. The User may select his/her own password and user name. Users shall be personally responsible for ensuring that the password and the account are kept confidential. Each User shall also be solely responsible for all activities on his/her account. Each User shall be obligated to inform CARUSO without delay of any non-authorised use of the account or any other security breach. CARUSO shall not be liable for damages incurred by a User due to the fact that a third party has used the User’s account either with or without the User’s knowledge. It is possible that the User may be held liable for losses incurred by CARUSO or another party due to the use of an account or password by a third party. The User shall not be permitted to use the account of a third party without the latter’s consent.
Obligations of conduct
Only natural persons shall be permitted to use the services on offer on the condition that the services are not used for purposes that are illegal or that violate these Terms and Conditions of Use and information. The services may not be used in any way that could damage, deactivate, overload or impair a CARUSO server or the networks connected to a CARUSO server, or that could impair use of the services by third parties. The User shall not be permitted to gain unauthorised access to services, accounts, computer systems or networks, which are connected with a CARUSO server or one of the services, by cracking codes, illegally obtaining passwords or by any other means. The User shall also not be permitted to obtain material or information, or attempt to do so, through channels that have not been expressly provided by the services for this purpose.
Use of services
The services may contain messaging or communications functions for the communication with other Users (separately referred to as a “Communications Service” and jointly as “Communications Services”). The User shall only be permitted to use the Communications Services for preparing, sending and receiving messages and material in a manner that is legal and that, where applicable, bears reference to the respective Communications Service. With regard to the use of the Communications Services, the User shall be obligated to refrain, in particular, from the following activities:
- using the Communications Service in connection with surveys, competitions, pyramid schemes, chain letters, junk e-mails, bulk advertising (spam) or other non-solicited messages of a commercial or other nature;
- slandering, insulting, harassing, stalking, or threatening persons or violating their rights in any other manner (e.g. rights to privacy and the protection of personality);
- publishing, providing, uploading, selling or distributing subject matter, names, material or information that is inappropriate, slanderous, obscene, immoral or illegal;
- uploading, or making accessible in any other manner, files that contain images, photos, software or other material that is protected by intellectual property rights, e.g. copyright or trademark laws (or rights to privacy and protection of personality), unless he/she owns the rights to such or has all the necessary permits;
- using material or information (including images and photos) made available through the services in such a manner that violates copyrights, trademark rights, patents, business secrets or other protected rights of a party;
- uploading files containing viruses, Trojans, worms, “time bombs” or cancelbots, or damaged files or comparable software or programmes that could impair the operation of another computer or third-party property;
- running ads of any nature whatsoever, unless the respective Communications Service expressly permits messages of this nature;
- downloading files provided by another User of the Communications Service where it is known or should be obvious that such cannot be legally reproduced, displayed, executed and/or sold in this manner;
- falsifying, disabling or deleting copyright notices such as information about the author, legal or other notices or indications of ownership or information regarding the origin or source of the Software or other material in an uploaded file;
- deliberately preventing Users from using the Communications Services or, respectively, restricting the use of such;
- violating rules of conduct or other guidelines that might be applicable to a Communications Service;
- systematically collecting information about others, including e-mail addresses, for purposes other than purely private use;
- creating a false identity for the purpose of misleading third parties or for other acts of misuse;
- using a directory containing names of Users of the services or usage information, or parts thereof, downloading it for purposes other than purely private use, or copying it or making it available to third parties or another company (irrespective of whether a fee is paid for this or not).
- CARUSO shall not be obligated to monitor the Communications Services. CARUSO shall, however, reserve the right to check the material provided for the Communications Services and to delete such material where there is legitimate reason to do so.
- CARUSO shall also reserve the right at any time to publish information, the publication of which is necessary for compliance with applicable law, legal procedures or requests from public agencies, or to edit information and/or other material, either in whole or in part, where there is legitimate reason to do so, to refuse to publish such information or material, or to delete it.