TERMS OF USE OF EXTRANET OF PEZ INTERNATIONAL GmbH

 

PEZ INTERNATIONAL GmbH is the sole proprietor of the websiteextranet.pez.at (“Website”)

You are entitled to the use of the website only if you accept the Terms of Use. If you do not agree with the Terms of Use, PEZ INTERNATIONAL GmbH cannot provide you with the access data.

PEZ INTERNATIONAL GmbH reserves the right to revise/change the Terms of Use from time to time. All changes come into force with the announcement thereof on the website. Please check the Terms of Use regularly in your own interest. In continuing to use the website after the announcement of the changes in the Terms of Use you agree to these changes.

PEZ INTERNATIONAL GmbH or companies associated with PEZ INTERNATIONAL GmbH also operate other websites governed by their own terms and conditions you can find on the respective websites.

 

1.      Access Authorization

 1.1.   In using this website you declare and guarantee that you are at least 18 years of age and are entitled by law to accept these Terms of Use.

 1.2.   In order to make use of the services available on the website, you will receive an access code from PEZ INTERNATIONAL GmbH (“log-in”). As a user of the website you declare that you will be diligent in safeguarding the log-in and hold it secret from third parties. In case of incorrect use or safe-keeping, as well as a breach of the Terms of Use, PEZ INTERNATIONAL GmbH is entitled to revoke the access with immediate effect and without further justification.

 1.3.   The precondition for obtaining a valid access authorization is to enter correct and complete personal registration data on the registration form available on the website. You are required to inform PEZ INTERNATIONAL GmbH immediately regarding changes in personal data. This is to ensure that the registration data is always correct, up-to-date and complete.

 

2.      Correspondence

 PEZ INTERNATIONAL GmbH is entitled to carry out all correspondence by electronic medium. You are therefore obliged to ensure that the email address provided is valid and accessed regularly.

 

3.      Rights in the Website and its Contents

 3.1. Unless stated otherwise, particularly taking into account and thereby subject to licensing issues owned by third parties, PEZ INTERNATIONAL GmbH has sole and exclusive rights to all contents published on the website, particularly logos, brands, texts, product information, photographs, graphics, subjects, films, ad spots, audio recordings, designs as well as software.

 3.2.   The website and its constituent parts are protected by copyright. Each instance of use (e.g. copying, making available, dissemination, etc.) of individual contents is subject to prior approval in writing by PEZ INTERNATIONAL GmbH and/or the respective holder of rights relation to licensing issues.

  3.3.   With the forwarding of the website access code by PEZ INTERNATIONAL GmbH, the written approval for an authorized use of the website and its constituent parts by the user is issued only to the extent that there shall be no changes made on the website contents and is subject to the compliance with the clauses stated under Para. 4. The website must only be used within the scope of the license granted in each case and solely for the intended purpose of advertisement, promotion and communication in accordance with the agreement.

 3.4.   Linking of the website in the form of framing or deep-links or in the form of hyperlinks is not permitted.

 

4.      Use

4.1.  PEZ INTERNATIONAL GmbH grants you the non-exclusive, at all times revocable right to download and, upon prior approval, reproduce and disseminate all contents available on the website, particularly logos, brands, texts, product information, photographs, graphics, subjects, films, ad spots, audio recordings, designs (“License material”) for communication and advertisement purposes agreed upon previously with PEZ INTERNATIONAL GmbH, however, particularly taking into account licensing issues, and thereby subject to any necessary approval of the respective third party holder of rights.

4.2.   You are not authorized to sub-license, sell, cede, transfer or dispose of in any other manner the rights granted to you within the scope of this access authorization.

4.3.   You are, furthermore, not authorized to provide or disseminate the license material on a medium, which a third party (particularly those who do not have access authorization to the website) can access and download the license material from.

4.4.   You are, furthermore, not authorized to use the license material in such a way or otherwise in a manner suggesting that the license material originates from you or that there is any other commercial, organizational or legal relationship that you share with PEZ INTERNATIONAL GmbH and/or the respective holder of rights in relation to third party licensing issues.

4.5.   The license material must not be used in a manner other than that intended, immoral, defamatory or illegal. Furthermore, the license material must not be used for a purpose that does not present PEZ INTERNATIONAL GmbH and its associated companies or the holder of rights in relation to third party licensing issues favourably.

4.6.   The license material must not be modified without the prior authorization in writing of PEZ INTERNATIONAL GmbH. In particular, the license material must not be connected graphically with your logos, brands or other company symbols.

4.7.   In case of editorial use and reproduction of the license material and where otherwise technically possible, the information cited on the website relating to ownership rights, particularly copyright and trademark rights, taking into account third party licensing issues, shall be mentioned in direct spatial proximity to the license material.

4.8. PEZ INTERNATIONAL GmbH reserves the right, in given cases, to decide in advance on the admissibility of the use of license material belonging to PEZ INTERNATIONAL GmbH and/or the holder of rights in relation to third party licensing issues (upon prior agreement). For this, PEZ INTERNATIONAL GmbH shall be presented without being asked with a representative layout/design, etc. and information about it, particularly about the kind of publication or copying of the layout/design, etc. attached to the license material, as well as the intended use.

 

4.9. Confidentiality: In case any content displayed on the website is marked with CONFIDENTIAL, this information is meant for you only and you shall keep it confidential until it is expressly released by PEZ. This means that you shall not download and reproduce or disseminate this information (as outlined in 4.1.) until it is released.

The reason for confidentiality may be of various kinds, but mainly due to license contracts and given marketing dates of licensed property. If you are unsure of the status of any contents shown on the website, you shall immediately contact PEZ for clarification.

 

5.      Warranty and Liability

5.1.   PEZ INTERNATIONAL GmbH does not give any express or implied representation and excludes any warranty relating to the website, its contents or its operation, particularly concerning the accuracy and up-to-dateness of the contents as well as the availability of the website.

5.2.  PEZ INTERNATIONAL GmbH is not liable for direct or indirect damage or for consequential damage, loss of profit, loss of data or loss of use resulting from the use of the website. 

5.3. All information given on the website is researched and updated to the best of one’s knowledge. PEZ INTERNATIONAL GmbH does not, however, accept any liability for the up-to-dateness, accuracy, completeness or quality of the published contents. Furthermore, PEZ INTERNATIONAL GmbH wishes to expressly point out that in case of direct or indirect reference to other websites (hyperlinks), PEZ INTERNATIONAL GmbH is not responsible for the external contents of these internet sites and thus does not have any influence on the contents and presentation of these linked sites. Thus, no liability shall be assumed for the contents of linked sites.

5.4.  No liability shall be assumed for functions contained on this website or its material being unimpaired or operating accurately. PEZ INTERNATIONAL GmbH does not assume liability in particular that the website and its contents are free of viruses or other elements with damaging or destructive features.

 

6.      Data Protection

 6.1. PEZ INTERNATIONAL GmbH processes the personal data entered by you on the website in conformity with the regulations on data protection valid in Austria.

 6.2.   PEZ INTERNATIONAL GmbH uses so-called cookies, text files which are recorded and stored on your computer. The information generated by the cookies regarding your use of the website (including your IP address) is transmitted to a seso_media consulting gmbh server and stored there temporarily. 
PEZ INTERNATIONAL GmbH can transmit this information, if need be, to a third party provided this is regulated by law or demanded by the licensor (in third party licensing issues). PEZ INTERNATIONAL GmbH will under no circumstances link your IP address to other data. You can block the installation of cookies by setting your browser software correspondingly. In that case, you might possibly not be able to use all the functions of this website to their full extent. In using this website you give your consent to the temporary use of cookies in combination with your IP address.

 6.3.   If you have consented to further data processing by ticking on the approval box, your data registered on the website shall be used by PEZ INTERNATIONAL GmbH to send you further information on products and services. This consent also includes the sending of information from the other companies mentioned in the consent declaration. You can always revoke your consent given to PEZ INTERNATIONAL GmbH and the companies listed in the consent declaration by sending an email to the following address: ws@pez.at.

6.4. PEZ INTERNATIONAL GmbH shall not forward your personal data to any third party without your consent.

 

7.      Applicable Law and Place of Jurisdiction

Any dispute arising from or in connection with these Terms of Use shall be subject to Austrian law without regard to the United Nations Convention on Contracts for the International Sale of Goods and the conflict of law provisions. For any dispute arising from or in connection with these Terms of Use, only the courts in 4020 Linz (Austria) having jurisdiction over the matter shall be competent.

 

8.      Final Clauses

8.1.   This website is intended exclusively for use in Austria. PEZ INTERNATIONAL GmbH does not warrant in particular that the contents of this website can be downloaded outside the territory of the Republic of Austria. Access to this website outside the territory of the Republic of Austria shall be on your own responsibility. You are particularly responsible for the access being in compliance with the laws of the country or region where you are registered or of which you are a permanent resident or citizen.

8.2.   If certain clauses of these Terms of Use are invalid or should the Terms of Use have a lacuna, this does not affect the validity of the remaining clauses of the Terms of Use. A clause coming closest to the intent of the parties to the extent permitted by the applicable law shall replace the invalid clause.

8.3.   Oral agreements do not exist. Deviations of these Terms of Use are valid only with the express written approval of PEZ INTERNATIONAL GmbH.

 

9.    Contact

You may contact the customer services of PEZ INTERNATIONAL GmbH by email (ws@pez.at), telephone (0043/732/38999-1340) or by post: PEZ International GmbH, Eduard-Haas-Strasse 25, 4050 Traun (Austria).

© 2010 PEZ INTERNATIONAL GmbH. All rights reserved.