Conditions of use
The data base Birkner's Beverage World is a product of the Birkner GmbH & Co. KG publishing house.
Birkner GmbH & Co. KG offers access to the company information of the data base specified above to users via the World Wide Web.
Usually, the data base is available around the clock. Birkner GmbH & Co. KG does not give warranty or a guarantee for this availability.
Birkner GmbH & Co. KG does not give a guarantee for the operability of technical mechanisms and software. Birkner GmbH & Co. KG does not assume a guarantee neither for flawless work nor for applicability on different computer types or different device configurations. An adhesion for negligent behavior, in particular concerning contents of the data base, is excluded.
Birkner GmbH & Co. KG reserves itself all publication -, duplication - and translation rights as well as rights of exploitation and processing of the information stored. The information stored in this data base, the software as well as the pertinent documents are copyright protected. Individual data records may be taken for information purposes. This is not connected with an acquisition of rights of the information stored in this data base, of the documents associated and of the software.
It is not permitted to pass on data base information stored or excerpts of same as well as the software to others, i. e. legal or natural persons. Forbidden is also the use of the exported addresses in order to send unrequested offers to third persons (unsollicited e-mails). The right to use the information expires if one of the aforementioned conditions is violated.
The use of the exported addresses for sending unrequested offers to third parties (unrequested email and fax) is expressly forbidden. In case of the inadmissible, misused utilization Birkner GmbH & Co. KG reserves the right to require the expenditures caused thereby as well as all associated damage committed by the misuser at full extent.
This contract is valid for one year and is reciprocally subject to notice in writing within a period of five working-days to the end of the first month after conclusion of the contract.
Modifications and additions of this contract require to be drawn up in writing.
Birkner GmbH & Co. KG reserves the right to modify and withdraw data bases or to revoke the right to access from the user.
The registered data base user has the right to search for information in the data base. He is responsible for the protection of the passwords assigned and for all fees resulting from the use of the database.
Birkner GmbH & Co. KG is not responsible for damages which result from abuse or loss of the subscriber identification assigned (user password, password).
The valid tariffs are charged for the use of the data base.
Identification of the data base user for the accounting procedure is made by the subscriber identification and customer number assigned.
An annual fee according to the current price list is charged for the complete use of Birkner's Beverage World.
Immediately after receipt of payment of the valid annual fee the registered user receives his subscriber identification in order to use the complete data base for one year.
We are hereby informing the user in accordance with Section 33, Part 1 that Birkner GmbH & Co. KG will store the user data in electronic form and process it within the context of the contractual relation with the user.
In the event of nonfulfillment of this contract Birkner GmbH & Co. KG is entitled to terminate the contractual relation on an extraordinary basis and to close the access to the data base. After contract end subscriber identification and customer number are deleted.
Place of fulfillment is Hamburg, Germany. Court of jurisdiction for business persons is Hamburg, Germany.
Date: June 1, 2007.