1. Scope
1.1 Any use of this web site provided by TJC Inc. and/or its affiliates ("TJC Inc."), "TJC Inc. Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the TJC Inc. Web Site these Terms of Use are accepted in their then current version.
1.2 In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
1.3 If the User uses this TJC Inc. Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer.
2. Services
2.1 This TJC Inc. Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2 TJC Inc. may stop the operation of the TJC Inc. Web Site in full or in part at any time. Due to the nature of the internet and computer systems, TJC Inc. cannot accept any liability for the continuous availability of the TJC Inc. Web Site.
3. Registration, Password
3.1 Some pages of the TJC Inc. Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. TJC Inc. reserves the right to deny registration to any User. TJC Inc. particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. TJC Inc. is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User uses false data for the purpose of registration; violates these Terms of Use or neglects its duty of care with regard to User Data; violates any applicable laws in the access to or use of the TJC Inc. Web Site; or did not use the TJC Inc. Web Site for a longer period.
3.2 For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to TJC Inc., is current at all times and an address at which the User can be contacted.
3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from TJC Inc. into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify TJC Inc. thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, TJC Inc. will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to TJC Inc. or upon new registration.
3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event TJC Inc. will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made available on or via this TJC Inc. Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with TJC Inc. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
4.2 TJC Inc. grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the TJC Inc. Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by TJC Inc. in making same available.
4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case TJC Inc. shall make the source code available in return for the payment of costs.
4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5. Duties of the User
5.1 In accessing or using the TJC Inc. Web Site the User shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
5.2 TJC Inc. may deny access to the TJC Inc. Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
6. Hyperlinks
The TJC Inc. Web Site may contain hyperlinks to the web pages of third parties. TJC Inc. shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as TJC Inc. does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
7. Other Liability, Viruses
7.1 Any liability of TJC Inc. is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
7.2 Although TJC Inc. makes every endeavor to keep the TJC Inc. Web Site free from viruses, TJC Inc. cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
8. Supplementary Agreements, Place of Jurisdiction, Applicable Law
The User agrees that all matters relating to the user’s access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. The User agrees to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between TJC Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
|