1. Scope
1.1 Any use of the web site www.carlightblog.com is exclusively permissible on the basis of these Terms of Use. These general Terms of Use may be amended, modified or replaced by other terms in individual cases. Log-ins to this web site or, where a log-in is not required, accessing or using this web site, signifies acceptance of these Terms of Use in their then current version.
1.2 Provided the User is using the blog as a business customer, i.e. for purposes of his or her trade, business or profession or on behalf of a public body or corporation, article § 312e paragraph1, sentence 1, no. 1 – 3 of the German Civil Code does not apply.
2. Services
2.1 The web site www.carlightblog.com contains specific information and software, as well as – as the case may be – related documentation for viewing or downloading.
2.2 www.carlightblog.com reserves the right to cease operation of the blog, in part or in its entirety, at any time. Due to the nature of the Internet and computer systems, www.carlightblog.com cannot accept any liability for the continuous availability of the blog.
3. Registration, Password
3.1 During registration, the User shall give accurate information, and, where such information changes in the course of time, shall update this information (online, to the extent possible) without undue delay. The User shall ensure that his or her e-mail address, as supplied to www.carlightblog.com, is current at all times and is an address at which the User can be contacted.
3.2 The User shall ensure that User Data (user name and password) is not accessible to third parties and is liable for all transactions and other activities carried out under his or her User Data. At the end of each online session, the User shall log-off from the password protected area. If, and to the extent, the User becomes aware that third parties are misusing his or her User Data, the User shall notify www.carlightblog.com thereof without undue delay in writing, as well as by immediate e-mail where applicable.
3.3 The User may at any time request termination of his or her registration in writing. In such an event, www.carlightblog.com will delete all User Data and any other personal data related to the User as soon as this data is 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 www.carlightblog.com is subject to these Terms of Use. Separately agreed license terms take priority over these Terms of Use.
4.2 www.carlightblog.com grants the User a non-exclusive and non-transferable license to use the information, software and documentation made available to the User on www.carlightblog.com to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by www.carlightblog.com in making the same available, provided no further restrictions are provided for under these Terms of Use.
4.3 Information, software and documentation may not be distributed by the User to any third party at any time, nor may it be rented or made available in any other way. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor 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.
4.4 The information, software and documentation are protected by copyright laws as well as international copyright treaties and 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.
4.5 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.1 The materials provided on www.carlightblog.com, including all editorial content, information, photographs, illustrations, graphics, names, trademarks and logos, are the property of OSRAM GmbH or its licensors and are protected by copyright and trademark laws and other intellectual property rights. Materials may be presented and printed for personal, non-commercial use only. Notwithstanding the particular provisions in section 4 of these Terms of Use, the contents of www.carlightblog.com as described above may not be changed, copied, reproduced, sold, rented, used, supplemented or utilised in any other way without the prior written permission of OSRAM GmbH.
5.2 Nothing contained in the above shall be construed as granting by implication or otherwise any license or right to use any patent, trademark or any other intellectual property right of OSRAM GmbH. Nor does it grant any license or rights to use any copyrights or other rights related to the materials described above.
5.3 The word and device trademark OSRAM, other product trademarks, illustrations and logos identify OSRAM products and are the property of OSRAM GmbH. It is possible that registrations have not yet taken place in all relevant countries.
5.4 Use of these names and trademarks requires express permission of OSRAM GmbH. The use of the name OSRAM as a reference is permitted, e.g. for a link to this blog.
6. Duties of the User
6.1 In accessing or using www.carlightblog.com, the User shall not
– harm other persons, in particular minors, or infringe their personal rights;
– breach public morality in his or her 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 or change the software;
– 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;
– distribute advertising or unsolicited e-mails (so-called „spam”) or inaccurate warnings of viruses, defects or similar material; additionally, the User shall not solicit participation in any lottery, snowball system, chain letter, pyramid game or similar activity
6.2 Access to www.carlightblog.com may be denied at any time without prior warning, in particular if the User breaches any obligation arising from these Terms of Use.
7. Hyperlinks
www.carlightblog.com may contain hyperlinks to the web pages of third parties. We shall have no liability or responsibility for the contents of such web pages and do not make representations about or endorse such web pages or their contents as our own. www.carlightblog.com 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.
8. Liability
8.1 The information on this web site does not represent any assurance or guarantee, be it explicit or implicit. In particular, it does not represent any implicit assurance or guarantee of a property, of marketability, of suitability for certain purposes or of non-violation against laws and patents.
8.2 The information on www.carlightblog.com may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). www.carlightblog.com endeavours to research and present all information in a substantiated and journalistically correct manner. Nevertheless, factual errors can never be ruled out. The required performance of the product shall therefore be mutually agreed upon in each case at the time of purchase.
8.3 Comments reflect the opinion of the respective author, not the opinion of OSRAM. OSRAM does not review these comments and accepts no responsibility for the contents thereof. However, a comment will be deleted without delay should it become known that it infringes upon rights. Details of this are governed in the comment posting guidelines.
9. Viruses
Although www.carlightblog.com makes every effort to keep the blog free from viruses, no guarantee can be made that it is virus-free. The User shall, for his or her own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
10. Data Privacy Protection
For collecting, using and processing personal data a User, www.carlightblog.com complies with applicable laws on protection of data privacy and the data privacy protection guidelines of the blog, available on the Internet under Data Privacy Protection Guidelines.
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
11.1 Any supplementary agreement requires the written form.
11.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
11.3 These Terms of Use shall be governed by German law. The place of jurisdiction shall be Munich.
June 2011