For the website www.territory-influence.com
Last amended: September 2018
The following Terms of Use of TERRITORY INFLUENCE GmbH, Neumarkter Str. 26, 81673 Munich, Local Court (Amtsgericht) München, HRB 226897 (hereinafter referred to as “TERRITORY INFLUENCE”, “we”, “us”, “our”) govern the legal relationship between us and you as a user of the company website www.territory-influence.com, including any sub-pages (hereinafter referred to as the “Website”). We provide this Website, including all information, applications and services available on the Website, to you, the user, subject to the terms and conditions, policies and other information (“Terms of Use”) set forth herein.
The Website and our offer to enter into a contract for the use of the Website are directed exclusively at persons of legal age who use the Website for a purpose which can be attributed to their professional or commercial activity and who enter into a contract for this purpose. If this is not the case for you, but you are a consumer and would like to participate in one of our campaigns, please click here.
1. Data protection / Personal data
We are aware of the sensitivity of your personal data and take care to protect your privacy when collecting, processing and using your personal data. Personal data is collected, processed and used in accordance with the statutory regulations. The details can be found in the Privacy Policy.
2. Use of material on the Website
The contents of the Site, including text, designs, graphics, logos, icons, images, audio files, downloads, interfaces, codes and software and any parts or combinations thereof, and any other materials you may obtain from us (collectively, “Materials”), are copyrighted and/or trademarked and may only be used in accordance with our Terms of Use and other applicable laws on behalf of us and/or our licensors. You may download or print the material on this Website from us for the purpose of product and service information, provided that you do not modify or delete any copyright, trademark or other proprietary notices contained in the material you view, download or print. It is our sole discretion to restrict or revoke this right of use at any time. Any other use of the Material, including but not limited to reproduction, distribution, reproduction, or public display, is expressly prohibited without the permission of the copyright owner. All other rights to the material, including all associated intellectual and industrial property rights, shall remain with us and/or its licensors.
The brands, logos and other marks displayed on the Website are registered and unregistered marks of us, their licensors and, if applicable, other third parties. The rights to these trademarks, logos and other marks are the exclusive property of their respective owners. The granting of rights to use any brands, logos and other marks used on the Website requires the prior written consent of the respective owners, and nothing on the Website is to be understood as granting any right or granting any license to use any brands, logos and other marks used on the Website.
We reserve all rights not expressly mentioned in and to the Website and its content.
3. Rules of use; content provided by users
Every user is obliged to comply with the applicable laws when using the Website and the services offered by us on the Website and when dealing with other users and to treat other users respectfully and politely.
a. Granting Rights to Content Submitted by Users
If you publish or submit contributions (in particular blog and discussion contributions) or other content (together only “Content”) on this Website, then you grant us a simple, spatially unrestricted, free, transferable and sublicensable, irrevocable right of use to the published or submitted Content for the entire respective term of protection to TERRITORY INFLUENCE and its group companies. This entitles us to distribute, reproduce, publish, translate, make publicly accessible or otherwise publicly reproduce these contents on our Internet pages (including any sub-pages), to edit or redesign the contents for this purpose, and to publish or use the thus edited or redesigned contents accordingly on our Internet pages (including any sub-pages). To the extent you submit Content in your capacity as a member of a particular company by naming that company, you must ensure that we are entitled to name that company in connection with the use of the submitted Content. Your moral rights are not affected by this provision. Any personal information submitted through the Website will be treated in accordance with the Website’s Privacy Policy.
b. Guidelines for Content Submitted by Users; Indemnification
The user alone is responsible for the content published or submitted by a user, in particular for its correctness and completeness.
By submitting Content to us, you agree to comply with and warrant to us your compliance with the following Content Guidelines:
- You are the sole author of the Content and the owner of all intellectual and industrial property rights in the Content or you are otherwise entitled to make the Content available to us for the use regulated in these Terms of Use and to grant us corresponding rights of use;
- All content submitted by you is correct;
- You are at least 18 years of age;
- You do not make any representations for and/or about the company for which you are working without being authorized to do so;
- Your use of any Content submitted by you does not violate these Terms of Use.
In addition, you agree and warrant that you will not submit any Content, that you know
- are confidential, false, inaccurate, misleading or fraudulent;
- infringe the copyright or other rights of third parties, in particular personal rights or intellectual or industrial property rights;
- which violate legal regulations or official orders or are otherwise inadmissible;
- that is defamatory, libellous, abusive or discriminatory to an individual or company;
- for which you have received a payment or other consideration from a third party or which is commercial content for the purpose of advertising your own or other offers;
- contain information regarding other Websites, addresses, e-mail addresses, contact information or telephone numbers;
- which contain computer viruses, worms or other potentially harmful computer programs or files or any form of “spam”.
As a user of the Website and in particular of the comment function, you indemnify us (as well as our departments and employees) and our affiliated companies against all claims, demands and damages – including any attorneys’ and court costs that may arise – that result from a breach of your above-mentioned guarantees and obligations.
We reserve the right to make changes, summaries or deletions without notice to any content on the Website that we, in our sole discretion, believe violates the foregoing Content Guidelines or any other provision of these Terms of Use or applicable law, or where a court of competent jurisdiction has determined that such violation has occurred.
In any event, we reserve the right to remove or refuse to publish any Content submitted without notice.
4. Change of these terms of use
We reserve the right to change these Terms of Use at any time with effect for the future. The amended terms will be posted on the Website. It is your responsibility to periodically check to see what changes we have made to the Terms of Use. Your use of this Website is subject to the most current version of these Terms of Use as published from time to time.
5. The accuracy, completeness and timeliness of the information on the Website
WWe assume no responsibility for the accuracy, completeness or timeliness of the information, data and/or information (hereinafter referred to as “Information”) made available on the Website. The information provided on the Website is for general information purposes only and should not be relied upon as a source or basis for making any decision. Your reliance on any information contained on this Website is at your own risk. The Website may contain outdated information. We reserve the right to change the content of this Website at any time, but we are under no obligation to review or update the information on the Website. It is your responsibility to check for any changes to the information on the Website.
We also accept no responsibility for the content submitted by users of the Website; the correctness and completeness of such content is the sole responsibility of the respective user.
6. Liability for Links
Our offer contains links to external Websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. These links are provided to you as a service and merely as a reference to external Websites which may contain additional information. However, the respective provider or operator of the web pages is always solely responsible for the contents of the linked pages. We do not check all information that can be retrieved from these external websites. Also, a regular examination of the contents of the linked web pages is not possible for us. The reference to these web pages does not mean that we adopt any contents on these web pages as our own. We expressly dissociate ourselves from any statements and opinions expressed on these websites; these do not necessarily reflect our opinion. We are not liable for losses, damages or other damages resulting from the use of the linked websites.
7. Description of services / Availability of the Website and services; limitations of liability
This Website is provided to you free of charge and at our sole discretion. There is no entitlement to access to this Website or individual functions.
We are entitled at any time and at our own discretion to change and/or discontinue in whole or in part the Website and the services offered on the Website and to terminate the user relationship at any time. The Website or other services may also be temporarily unavailable due to technical issues. Users have no claim that the Website and our services are accessible at all times. We therefore accept no liability for ensuring that access to this Website is uninterrupted and error-free.
We are under no obligation to ensure that (i) the information, content and materials on the Website are always complete, accurate and up-to-date, or (ii) the content made available by third parties, including users of the Website, complies with applicable law and is free from third party rights that may interfere with any use provided for in these Terms of Use. We therefore assume no liability in this respect.
You are solely responsible for any damage to your computer system or loss of data as a result of downloading information, content and material from the Website. In addition, you are also responsible for providing the necessary technical requirements for the use of our services, in particular the necessary hardware and software (e.g. Internet browser) as well as access and transmission services, at your own expense. We assume no liability for the compatibility of the Website and the services offered on the Website with your individual hardware and software equipment.
Otherwise, we shall be liable without limitation only for damage in the event of (i) injury to life, limb or health or liability in accordance with the Product Liability Act (Produkthaftungsgesetz), (ii) intent or gross negligence and (iii) assumption of a guarantee (in this respect, the provision resulting from the guarantee shall apply if it makes a corresponding provision). Liability for simple (slight) negligence is excluded.
The above limitation of liability shall also apply to claims for damages against organs, executives, employees or vicarious agents of TERRITORY INFLUENCE. Unless otherwise agreed in these Terms of Use, all claims of the user for compensation of damages of any kind are excluded.
8. Severability clause, Agreement on place of jurisdiction, Final clauses
If one or more provisions of these Terms of Use are or become invalid in whole or in part, or if these Terms of Use contain a loophole, this shall not affect the validity of the remaining provisions of these Terms of Use.
The contract of use including these terms of use is subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from and/or in connection with the contract of use including these terms of use shall be Munich, provided that the user is a merchant, a legal entity under public law or a special fund under public law. Deviating from this, we are always entitled to sue the user also at his general place of jurisdiction.
How to reach us
If you have any questions or comments about these Terms of Use and Participation, please contact us as via our imprint.