Standard Terms of Use (General Terms and Conditions) of kb4dev

Valid as of 21th June 2015

Welcome to kb4dev! We have the pleasure of inviting you to use our website and the services we offer. Please carefully read and acknowledge these Terms of Use / General Terms and Conditions (AGB) before you accept the invitation to use our website and services. These Terms of Use / General Terms and Conditions govern the contractual relationship between the User and kb4dev. For this reason, we recommend you to carefully read and acknowledge these terms and conditions.

1.) Preamble – Integral part of the contract

We would like to draw your special attention to the following legal consequences. These Terms of Use / General Terms and Conditions represent a contract which is concluded between you and kb4dev and are therefore deemed to be an integral part of the contract. The terms and conditions also include the regulations which are laid down in this document and in the kb4dev Verhaltensrichtlinie [Guidelines], and in the Datenschutzrichtlinie [Data Privacy Terms] as well as in other business terms (which we globally refer to as „Terms of Use“ or „Terms“). If you do not agree to accept these Terms, you are not authorised to access or use our service. If you use our service, it shall therefore be assumed that you have accepted the Terms and agree to become a contract party in this binding contract relationship. You herewith accept all terms stipulated in the data privacy terms guidelines and acknowledge these unconditionally, including the use and treatment of your account information and the contents thereof pursuant to the data privacy policy in the event of deciding to use the service offered here.

2.) About Kb4dev

Kb4dev is a knowledge database which is designed in particular for software, web and database developers. Our webpages consist of articles as well as of services and products (hereinafter jointly referred to as „Service“). The Terms of Use apply to all Users, in other words, also to those persons who have not registered as users on our website.

3.) Rights of Kb4dev

a.) Change of services offered

The kb4dev website and services are continuously further developed. We therefore reserve the right to amend the services and to offer new services. Kb4dev shall be entitled to limit the storage capacity for your content. In such a case we shall inform you and grant you an appropriate period of time to save your content. Kb4dev shall be authorised at any time to introduce other restrictions with or without notifying the users thereof in advance.

b.) Availability

For technical reasons it is not possible to maintain an uninterruptible Service. At any time short-term or longer-term interruptions (maintenance, update of website, force majeure, third-party fault etc.) or restrictions in the services offered may occur for various reasons. During an interruption of the availability contents which you are posting at that point of time might get lost. Kb4dev shall not assume any responsibility or liability in such a case.

c.) Intellectual property

You herewith acknowledge that the contents you save on Kb4dev represent your intellectual property; however at the same time you furthermore acknowledge and agree that Kb4dev shall possess all rights, titles and claims with regard to the Service.

d.) Intellectual property

By agreeing to these terms, you simultaneously confirm that the rights in the service, including all rights in the intellectual property shall be protected by one or more copyrights, trademarks, patents, the trade secret act and other rules, regulations and agreements. This is performed in addition to these terms and any separate agreement.

4.) Disclaimer

Kb4dev shall therefore warrant solely for damage/claims resulting from injury to life, body or health on the grounds of intent or gross negligence. Warranty as a result of slight negligence shall thus be herewith excluded. The following is therefore deemed to be applicable: You, as User of the Service, explicitly acknowledge and explicitly agree to Kb4dev and its employees, representatives and legal successors not being liable vis-à-vis you for any indirect and direct damage, accompanying damage or damages, unless these are deemed to being any intentional or gross negligent damages resulting from injury to life, body or health. The disclaimer of warranty shall also include damage as a result of loss profit, loss of goodwill, impairment of use, damage to data or any other immaterial loss, so that the afore-mentioned disclaimer of liability shall also be deemed to refer to these. In particular this disclaimer of warranty shall include damages resulting from: a.) Use of the Service or inability to use the Service, b.) Costs for procurement of substitute services resulting from data, information or services acquired or obtained via or from the Service or notices obtained or transactions entered into or retrieved from the Service, c.) Unauthorised access to data or loss of data, damage or modification of your transmissions, your contents or your data, d.) Statements or conduct of third parties in the Service or in connection with using the Service, e.) Actions or omissions made on the part of Kb4dev with regard to your account information or modifications to the information or notifications received with regard to the information, f.) Insufficient protection of confidentiality of code words or access rights to your account information on your part, g.) Acts or omissions by third parties as a result of user of the Service or the integration in the Service, h.) Termination of your account pursuant to the conditions stated in these Terms of Use or these Terms of Use. Furthermore, no integral part thereof shall be deemed to aim at excluding or limiting terms, guarantees, rights or warranty, in so far as these are excluded by law or may be restricted thereby. This implies that the disclaimer of warranty is limited by the statutory regulations and shall not be permitted to go beyond these. This web service is thus provided as it is identified in this web presence. You thus confirm herewith explicitly that you have understood the following terms and agree to these: aa.) The User is aware of the fact that he/she uses the Service at his/her own risk. The Service is thus used “as seen” and “according to availability”. Kb4dev therefore excludes all explicit or implicit guarantees and conditions of any kind within the statutory scope, including the tacit guarantees and terms with regard to the general suitability for use, suitability for a certain purpose and the non-violation or rights. bb.) Therefore, Kb4dev cannot guarantee that the Service will not be interrupted or free of errors or that all bugs in the Service will be eliminated and that this Service will fulfil all your requirements cc.) Any download or other receipt of materials by using this Service shall therefore deemed to be at your own discretion and at your own risk. You are therefore exclusively responsible for damage to your own computer or any other piece of equipment or for any data loss resulting from downloading such material. dd.) It is therefore ascertained that no advice or any information (irrespective of whether this is provided orally or in writing) which you have received from Kb4dev or via this Service shall be deemed to represent a guarantee.

5.) Amendment of these Terms of Use

We reserve the right to modify the Terms of Use in future and shall inform all Users in due time of any new Terms of Use at an appropriate point in our Service or by e-mail. Situations may, however, arise requiring an update of these Terms to take immediate effect (e.g. in the case of a mandatory modification in order to comply with applicable statutory requirements). If you continue to use this Service after such an update has taken effect, this step shall be deemed to substantiate an implied approval of the new terms and as an implied declaration of agreement to which you shall be deemed to be bound.

6.) Data privacy

Your privacy is extremely important as far as we are concerned. We therefore hope that we will never under any circumstances be forced to verify the contents of any User. Under certain circumstances we may have to verify your contents in part or in full. This aspect is outlined in our Privacy Policy. At this point we would therefore like to draw your attention to the Privacy Policy which shall be deemed to be an integral part of the contract. Kb4dev explicitly draws the customer’s attention to the fact that data protection and data security for data transmissions in open networks such as the Internet cannot be guaranteed according to the current state-of-the-art. Under certain circumstances third parties are technically able to intervene into data security without authorisation and to control telecommunication traffic or to monitor data traffic in particular when transmitting data via the Internet beyond the scope of access of Kb4dev. The customer himself is therefore responsible for the security and protection of data transmitted via the Internet or technically retrieved from the Internet.

7.) Third-party links

The services can contain links to websites or resources of third parties. Kb4dev shall not assume any warranty for their availability, correctness and the contents, products and services associated therewith and is neither responsible nor assumes any liability therefor. Any and all external contents shall lie in the responsibility of the respective external providers and shall be provided by these parties pursuant to their own conditions.

8.) Consequences in the case of infringements of intellectual property

If you believe that your rights in intellectual property, e.g. copyrights or trademark laws are violated, you are requested to contact us in writing. We will remove the appropriate contents after verifying your concern. If our members repeatedly violate third-party rights, we shall block the appropriate User accounts.

9.) Contact to Kb4dev

Notifications to Kb4dev (with the exception of cases in which these Terms or a separate contract with any other medium or any other address is specified for notification), must be addressed by e-mail to: [email protected] Within the scope of updating these Terms of Use, it shall also be possible to update this e-mail address. If you are not able to deliver a notification by e-mail, you can alternatively use the following address: Kb4dev GmbH, Sudetenstr. 3c, 82140 Olching, Germany