german 
english Terms and Conditions of Use
1. Definitions
| industry | is the internet accessible web project under the domain name industry.com |
| INDUSTRY | see industry, also means the organization including its administrative board and representatives |
| project | see industry |
| TCU | is the abbreviation of “Terms and Conditions of Use” |
| User Content | is without limitation everything that a user posts to the project our with the help of the project |
| UC | is the abbreviation of “User Content” |
| legal right(s) | singular and plural form to describe all existing legal rights without limitation |
| machine | is your computer machine including hardware and software with which you gain access to the project and/or use the project |
The TCU, the Privacy Policy, and other regulatory papers may contain words and phrases that are very similar. The following words and phrases can be substituting each other:
- rule – guideline – regulation
If the TCU for example uses “rule” to describe something, and later on INDUSTRY publishes a paper called “guideline”, this paper will be meant by the word “rule” inside the TCU as well.
- post – send – submit – transmit – upload (if electronically)
If the TCU for example uses “post” all ways of posting something is meant by that term.
- enter – access – use
If the TCU uses “using” INDUSTRY, it means as well “entering” or “accessing” INDUSTRY and its services and using INDUSTRY and its services.
Each word or phrase automatically means the other words or phrases from the same line. For verbs the conjugations are included as well as other grammatical time forms of the verbs.
2. General Terms
These are the rules of the INDUSTRY web project (industry.com) – herein after called “industry”, “INDUSTRY”, “project” or “the project”. The rules govern the entire use of each application and service of the whole project. The TCU constitutes the entire agreement between you and the project. The TCU governs your complete use of the project, overruling any prior agreements between you and the project. You may also be subject to additional terms and conditions that may apply when you use affiliate services, partner services, third-party content, or third-party software.
You expressly agree to all terms and conditions of use (Terms and Conditions of Use, herein after called “TCU”) by entering the project, by using the project, or by entering and using the project, or by accessing the project in other ways that the project is intended to be accessed. You expressly agree to be bound to all terms of the TCU. You expressly agree to be bound to other rules and guidelines which are present in the project or will be present in the project in the future.
If you do not agree to the TCU of the project, other rules, guidelines or the Privacy Policy, do not enter the project or use the project.
The TCU may be updated from time to time. You expressly agree to be responsible for checking this page periodically for changes and updates of the TCU. You expressly agree that entering the project, using the project, or entering and using the project after such changes of the TCU, will be understood as your full acceptance of the changes of the TCU.
You expressly agree that entering the project, using the project, or entering and using the project leads to the fact that you will be subject to all rules and guidelines and additional rules and guidelines within the project, which may be created, changed, or updated and posted from time to time. Rules and guidelines are incorporated by reference into the TCU.
Natural persons under the age of thirteen (in the
Information relating to security or the like is provided by the project for informational purpose only, and must not be misused, e.g. for trading purposes.
You expressly agree that the TCU and the relationship between you and the project shall be entirely governed (without regard to its conflict of law provisions) by the laws of the Federal Republic of Germany. You expressly agree that the Local Court of the city of
If any provision of the TCU or part of a provision is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give respect to the parties' intentions as stated in the provision, and that the other provisions of the TCU remain in full force and effect. You expressly agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the project or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You expressly agree that the section titles in the TCU are for convenience purposes only and have no legal or contractual effect.
Some German jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations from the TCU may not apply to you.
Any questions regarding the TCU, as well as questions relating to legal matters, shall be sent to the following email address: tcu@industry.com
3. Proprietary Rights and Permitted Use
The entire project including any content, software and services offered, is the property of their respective owners. It is protected by international copyright and/or other intellectual property laws.
For your own personal use you may solely view and retain one copy of pages of the project. You expressly agree that you must not copy, duplicate, reproduce, publish, distribute, modify, sell, resell, or exploit any content of the entire project, parts of the project, or the project in whole. Legal notices, credits, acknowledgements, and the like, on pages of the project must not be removed.
You expressly agree that all rights, including patents, patent rights, inventions, business and trade secrets, know-how, business methods, trademarks, service marks, brands, and copyrights as well as intellectual property rights, and the like, are the property of their respective owners.
You expressly agree not to copy or duplicate, modify, publish, distribute, display, sell, loan, rent, lease, license the project, not whole and not in part or in parts. You expressly agree not to make or create derivative works of the project, not in whole and not in part or in parts.
You expressly agree to access and to use the project solely as intended by the owner of the project, namely by the access interface provided with the project. You expressly agree not to access the project in other ways, e.g. by means of automatic routines, through third party machines, or by means of robots that are collecting content.
Software made available for download on the project will be subject to the respective license agreement of the software. You expressly agree to be bound to each respective license agreement when downloading, installing or using such software.
4. User Contributions to the project – so-called User Content (UC)
Users of the project do have the opportunity to make contributions to the project. You expressly agree that all information, computer files, text content, graphical content, audio content, video content, code content, and messages through any channel, as well as every other material, being privately or publicly posted by you to the project (hereinafter called User Content or UC) are the expressly sole responsibility of the person posting, transmitting or otherwise sending it.
You expressly agree that you are completely responsible for all UC that you somehow transmit to the project (hereinafter also called “your UC”, meaning “your User Content”) by means of posting, uploading, emailing, or using other ways of transmission.
You expressly agree that your UC is free from any rights belonging to third parties, such as copyrights, trademarks, and other rights and secrets. You expressly agree that it is your own obligation to ensure the fact that your UC is free from such rights.
The UC posted to the project or posted via the project to a third party is not pre-controlled or pre-checked by the project or its representatives. The project therefore can not guarantee the accuracy, correctness, integrity, safety, legality, appropriateness, or quality of any UC.
Any posted UC may not necessarily represent the opinion of INDUSTRY or its representatives. The project and its representatives will under no circumstances be liable in any way for any UC with regards to damage or loss as a result of the use of UC transmitted to the project.
You expressly agree that you will be held liable for any illegal or in any ways prohibited UC that you provide to the project or to third parties. You will be held liable for example for defamatory material, infringing, fraud, harassment, offensive material and any other non legal content.
You expressly agree that you will not transmit UC to the project or third parties or make UC otherwise accessible in connection with the project, which
- is illegal and/or prohibited by law in at least one state or county of the
- is in any way abusive
- is illegal and/or unlawful, harmful or even harming, threatening, frightening, tortuous, defamatory, libelous, disparaging, invasive of another's privacy, hateful, or malicious
- sexual offensive, obscene, pornographic, pedophilic
- could be or even is harmful to minors
- contains or may be understood as hate propaganda, or promotion of discrimination, or violence against any people with regards to their race, national origin, religion, age, gender, disability, or sexual orientation
- is harassing or advocating harassment of one other person or any size of group of persons
- might be or even is considered “spam”, “junk”, "junk mail," "chain letter" or unsolicited mass mailing
- is promoting knowingly false and/or misleading information
- is promoting illegal activities or conduct
- is or is promoting an illegal or unauthorized act, such as copying another person's work, such as providing illegal (“pirated”) computer programs or linking to such programs, or providing information on how to circumvent and/or break manufacture-installed copy-protect devices, or linking to such information
- is infringing third party rights such as patent rights, copyrights, trademark rights, service mark rights, business and trade secrets, or any other parties proprietary rights
- is containing information on how to access restricted password only access pages, and/or hidden pages, images, or other computer data (files)
- is containing information on how to access pages, images, or other computer data (files) that are not linked to or from another publicly accessible page
- is providing material which is exploiting natural persons under the age of 18 in a sexual, violent or otherwise unlawful or immorally manner
- is soliciting personal information from natural persons under the age of 18
- is soliciting passwords, secret information, or personal identifying information for commercial or unlawful purposes from other users
- is providing instructional information about illegal activities such as creating or in any way acquiring illegal objects (e.g. illegal weapons, illegal drugs, or any other illegal things) or providing or creating computer viruses, or linking to such information
- is containing a software virus, a software hoax, a code, a file, or a program that is meant to, designed to or has the ability to compromise, interrupt, destroy, or otherwise limit the functionality of any computer software and/or hardware and/or telecommunications equipment of the project and/or any other party
- is violating any local, state, countrywide, national or international or other applicable law or regulation
While using the project you must not:
- falsely misrepresent your affiliation with the project and/or with any other person or entity
- forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any UC
- engage in commercial activities and/or sales without prior written consent from a representative of the project, including, without limitation, contests, sweepstakes, barter, or advertising
- post or transmit UC that you do not have the right to post or transmit
- post or submit unsolicited commercial email, chain letters, pyramid schemes
- seek or encourage other natural persons to engage in these activities
- disrupt or interrupt the ordinary work flow and/or operation of any part of the project, or the project in whole
- disrupt or interfere with the project or any computer, server or network involved with the operation and functionality of the project
- harass or stalk any other person
- collect, harvest, or otherwise automatically read from the project the names of other persons for the purpose of sending to them unsolicited commercial messages or other unsolicited messages
Should you discover the breach of any of the above rules, please notify us at tcu@industry.com
5. User Content License
You grant INDUSTRY, its representatives, partners, and affiliates, the perpetual, world-wide, royalty free, sub-licensable, non-exclusive license to use, copy, duplicate, reproduce, translate, alter, modify, adapt, perform, display, distribute, promote, and publish your User Content, in part or in whole, in all present and future available media. You expressly agree that INDUSTRY is free to use any ideas, thoughts, know-how, concepts, techniques, work-flows, or other materials you send us for any purpose.
You expressly agree that INDUSTRY may preserve UC and may also unveil UC if required to do so by law, law enforcement, or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process
- enforce the TCU
- respond to claims that any UC violates the rights of third-parties
- protect the rights, property, or personal safety of INDUSTRY, its members, users, visitors and the public.
6. Indemnity
You expressly agree to indemnify and hold INDUSTRY, its owners, representatives, branches, subsidiaries, partners, affiliates, managers, officers, agents, co-branders, and other partners and employees, harmless from any loss (without limitation), liability, claim or demand, including attorney's fees, made by any third party due to or arising out of UC that you posted to the project or through the project, your use of the project, including your use of the project to provide a link to another website or to upload any content or other information to the project, or your violation of the TCU or any applicable laws and regulations or the rights of another party.
7. Links and Search Results
INDUSTRY provides internet links and automatically produces search results, or third parties may provide such or other information, that reference or link to other worldwide accessible website or resource. INDUSTRY has absolutely no control over such websites and resources. You expressly agree that INDUSTRY is not responsible for the content or information contained therein.
No guarantee, representation, or warrant is given from INDUSTRY that such third-party websites and resources contain accurate, legal and/or inoffensive information.
INDUSTRY does not approve any content or information of any third-party website or resource. INDUSTRY does not warrant that such websites or resources will not contain information and/or data that have unwanted and bad impact on your machine, including, but not limited, to viruses and other destructive or spying out software.
You expressly agree that INDUSTRY shall not be responsible or liable for any loss or damages (without limitation) caused or alleged to be caused by or in connection with your use of, or reliance on, the project to obtain search results and/or to link to another website, by your use of the project to search for a link to another website.
Problems with links shall be reported at: tcu@industry.com
8. Reservation of Rights regarding Suspension and/or Termination of Rights and Modifications of the Project
In its sole discretion, INDUSTRY reserves the right, to immediately (and without notice) suspend and/or terminate the TCU, your registration for any program on the project, your ability to access the project, your ability to utilize email services offered on the project, and/or to remove any UC, for any reason, including without limitation any breach by you of the TCU or conduct by you that INDUSTRY decides to be inappropriate.
You expressly agree that INDUSTRY shall under no circumstances be liable to you or any third-party for any suspension or termination pursuant to this provision.
INDUSTRY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the project, or any part thereof, with or without notice. You expressly agree that INDUSTRY shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the project.
9. Copyright Policy
Intellectual property is highly respected by INDUSTRY. We ask our visitors, users, and members to do the same.
If you have the reasonable belief that your work has been copied in a way that constitutes copyright infringement, please provide INDUSTRY with the following information:
- a specific description of the copyrighted work that you claim has been infringed
- a specific description of where the material that you claim is infringing is located on the project
- your full name, address, telephone number, and email address
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- an original physical signature of the person authorized to act on behalf of the owner of the copyright interest
- and a written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf including a separate signature under this sentence
INDUSTRY can and will only accept a written notice of the claimed infringement which includes all the information requested above, with regards to the completeness and the requested signatures.
Claims of copyright infringement shall be addressed to:
Global-E-Solutions GmbH
Copyright Department
Ackerweg 3
D-18107
10. Registration Obligations of the User
With reference to your use of the project, you expressly agree to
- provide true, accurate, complete, and current information and data about yourself, especially with regards to a registration
- periodically maintain and update the information and data to keep it true, accurate, complete, and current.
If you provide any information that is untrue, inaccurate, incomplete, or not current, INDUSTRY remains the full right to suspend, terminate, or refuse every current or future use of the project, or parts of it. The same may happen if INDUSTRY has the reasonable assumption about the condition of the information provided by the user.
11. Privacy Policy
You expressly agree to our Privacy Policy. In case you are registered at INDUSTRY you are subscribing the referring newsletter that is vital for your registration and its success. That means that you expressly agree to receive the referring newsletter on registration. Other informational newsletters of INDUSTRY whatsoever can be opted-out.
12. Back-Up and Security of Information and Data
INDUSTRY is not liable for any lost data resulting from the operation of the project and/or the enforcement of the TCU, including without limitation any content from any service provided by INDUSTRY. INDUSTRY is furthermore not obliged to maintain back-up copies of any contributed UC, email message or other user data. We strongly recommend that you retain a copy of all UC that you post or distribute to the project, or to others through the project.
Upon registration you will receive an account with a respective password, depending on the kind of registration. You expressly agree that you are yourself solely responsible for maintaining the confidentiality of the password and the referring account, and that you are fully responsible for all activities that occur under your password and/or account.
You expressly agree to:
- immediately notify INDUSTRY of any unauthorized access and/or use of your password and/or account or any other breach of security
- ensure that you exit from your account at the end of each session
INDUSTRY cannot and will not be liable for any loss or damage arising from the failure to comply with this section.
Due to the nature of the internet, computers, data flows, electric input and other technical and economical practicalities, the project, like most hardware, software and internet applications, is vulnerable to various security issues and should therefore be considered unsecured. By using the project and the internet in general, you are subject to various risks, including, among others, cyber squatting, electronic eavesdropping, sniffing, spoofing, forgery, spamming, tampering, harassment, password breaking, fraud, electronic trespassing, hacking, electronic hijacking, system contamination including without limitation, viruses, worms, Trojan horses, bugs, contamination, destructive features or other harmful components, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your machine and other forms of activity that may even be considered unlawful in some countries and/or regions. Every piece of information, including, but not limited to, registration data, passwords and UC received or delivered or intended to be made available on and through the project may be subject to these and other security or privacy hazards or may not reach its supposed destination or reach an incorrect address or recipient. Although INDUSTRY takes seriously the security of all user accounts and other non-personal and personal information and data associated with our visitors, participants, and members, and due to the open communication infrastructure of the worldwide internet, INDUSTRY cannot guarantee that your account will be absolutely free from any unauthorized access by third parties.
All the foregoing does not necessarily mean that such problems will definitely occur. You are just expressly informed that such problems may occur, as they may occur on every other website or internet project as well.
You expressly agree that INDUSTRY is allowed to release any information about you, if required by applicable law or subpoena, or if the information is necessary or appropriate to release, in order to address an unlawful or harmful activity.
13. Federal Republic of Germany Export Controls regarding Software
The project may contain software to be available for download. INDUSTRY encourages users from around the whole world to use the project and such download features. However, if you choose to use the project, you expressly agree, understand, and acknowledge that your use of the project is governed by the TCU and the laws and regulations of the Federal Republic of Germany regarding online conduct and acceptable content. If you use the project in a jurisdiction that prohibits or restricts the use of the project, you agree that your use of the project will be at your own risk, without limitation of any other provision of the TCU, and that INDUSTRY shall not have any liability with respect to such use. Software from this project is subject to the Federal Republic of Germany export controls.
14. Disclaimer of Warranties
You expressly agree that your use of the project is at your individual own risk. The project, its content, and all parts of the project, are delivered on an "as is" and "as available" basis.
INDUSTRY expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. INDUSTRY makes no warranty that the project or any related services, including, but not limited to, email, links, and searches and search results offered on the project, will be correct, accurate, reliable, functional, uninterrupted, error-free, timely, secure, or that it will provide specific results from the use of the project or any content, search or link therein. INDUSTRY further cannot ensure that files you download from the project will be free of viruses, worms, Trojan horses, bugs, contamination, destructive features, cancelbots, or other harmful components.
Any material viewed, downloaded, or otherwise obtained through the use of the project is done solely at your own discretion and risk, and INDUSTRY will not be liable for any damages of any kind arising from the use of the project, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information obtained by you from INDUSTRY or through or from the project, whether in oral or written form, shall create any warranty not expressly stated in the TCU. Data and information relating to securities or the like, is solely provided for informational purposes, and is not intended for trading purposes. INDUSTRY, its data and/or content providers shall under no circumstances be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
15. Limitation of Liability
You expressly agree that INDUSTRY shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if INDUSTRY has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the project
- the costs of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the project
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the project
- any other matter relating to the project or the content thereon, including without limitation any user content posted thereon. You expressly agree that in no event will INDUSTRY be liable for any damages in excess of one Euro (1.00 Euro)