Nutzungsbedingungen

By registering for the product testing community of Festo you agree to these terms. This also includes transfers of rights to content posted by you (see Section 8. Transfer of Rights to User Content).

1. Scope, Amendments to the Terms of Use

1.1 You are registering for an offer by

Festo Didactic SE

Rechbergstraße 3

D-73770 Denkendorf

Tel. ++49 (0) 711 / 3467 - 0

Fax ++49 (0) 711 / 347-54-88500

did@festo.com

Legal status:

Europäische Aktiengesellschaft (SE)

Headquarter: Esslingen a. N.

Registered office:

Esslingen a.N./Germany

Registergericht Stuttgart

HRB 748 211

VAT ID:

DE 294 858 531

* Management Board:*

Dipl.-Ing. Enrico Rühle, MBA

Chairman:

Prof. Dr. oec. publ. Herbert Henzler

hereinafter called Festo Community. Festo Community provides its offer/services ("Service") to you based on these Terms of Use (Community GTC). Festo Community serves the purpose of discussion and the exchange of opinions between its users. Festo AG & Co. KG shall be entitled to engage third parties for provision, administration, moderation and monitoring of parts of or the entire offer. In such case, the present Terms of Use shall apply as well.

1.2 Festo Community shall be entitled to change these Terms of Use with effect for the future, provided that this is required for valid reasons, in particular to improve the handling or to prevent abuse due to changes in the legal situation, technical changes or further developments, reasons related to copyright law or youth protection or other, similar reasons and does not adversely affect the customer to an unreasonable extent. In such case, the Festo Community notifies you of any changes to the Terms of Use in writing or by email within a reasonable period of time. Such changes shall be deemed accepted,

a) unless you object to the changes in writing or in text form, e.g. by email to team@community.bionics4education.com within a period of six weeks from the notification, or b) once you continue using the Service after the notification.

Festo Community undertakes to expressly point out in any notification of amended Terms of Use that the circumstances mentioned above under a) and b) will result in your acceptance of the amended Terms of Use.

1.3 Special terms of participation may apply to additional functionalities of the Service, if any.

2. Right to Participate, Requirements, Contractual Representations

2.1 Participation shall be free of charge. Unless expressly stipulated otherwise, natural persons with full legal capacity, companies and firms, as well as youths over the age of 18 shall be entitled to participate, provided that the necessary consent of the legal representatives has been obtained. The Service is expressly not intended for children and minors below the above age limit. By registering, you represent that you satisfy the preceding participation requirements.

2.2 As part of your registration, you are obliged to provide the required as well as voluntary data in a truthful, accurate, current and complete manner as requested in the registration form and to keep your profile data up to date and correct at all times. All registration data can be configured in such a way that anonymous or pseudonymous participation in the Community is possible. When selecting a user name or other symbols representing him/her, the user must respect third-party rights as well as the demands of customs and decency. Names and registration data including advertising content shall not be permitted. There shall be no right to admission or re-admission of a specific user name. Only one member account may be created per user. Your member account and/or your username shall not be transferable. Every user shall be allowed to access or use the Services only using his/her own member account, but not that of a third party.

2.3 There shall be no right to registration and/or maintaining registration and the associated participation in Festo Community. Festo Community shall be entitled to refuse (re-) registration and, like the user, may terminate an existing user relationship (see section 4 Cancellation, Deletion, Termination & Blocking of Member Accounts).

2.4 By registering, you undertake to use the Services of Festo Community exclusively for your own private or operational purposes; however, any commercial use in the sense of a resale or further exploitation of functionalities, services, content or evaluations or any other commercialization of content and/or findings made through the Services of Festo Community shall be strictly prohibited.

2.5 Contractual representations (e.g. confirmation email, changes to the Terms of Use or Privacy Policy) may be sent to you by email.

3. Operation of Festo Community

Festo GmbH shall not be obliged to keep Festo Community available in its entirety or in parts at all times. Instead, Festo AG & Co. KG reserves the right at any time to transfer operation of Festo Community in its entirety or in parts with existing content to third parties, to terminate the Community for good or temporarily in its entirety or in parts, or to organize it in a different form, possibly with changed access options or participation regulations.

4. Cancellation, Deletion, Termination & Blocking of Member Accounts

4.1 You may cancel your membership at any time for any reason. Festo Community shall have the same right of cancellation. Nothing herein shall affect the right to cancel for good cause. In the event of cancellation, Festo Community shall delete your member account, including the provided registration data. In line with the intended purpose of Festo Community, any surveys, contributions and other posts initiated and published by you shall remain in Festo Community in accordance with section 8; however, your member name shall be either replaced by a placeholder or marked as deleted.

4.2 Festo Community may at its sole discretion and for any reason whatsoever, even without notifying you, suspend, block, terminate and/or delete your password, your member account, content posted by you and any other use of the Services by you. This shall apply in particular if you have not used the Services for a prolonged period of time. Moreover, Festo Community shall be entitled in any case to suspend, block, terminate and delete your member account, content posted by you or any other use of the Services by you if Festo Community has legitimate reason to assume that you are in breach of these Terms of Use or do not comply with essential fundamental concepts of the Terms of Use.

5. General User Obligations

5.1 Festo Community is based on the concept of participation in opinion-forming processes. This requires that any opinions expressed by you, e.g. evaluations communicated in the context of questions or answers, are your actual opinion and/or your explanations are indeed correct. You acknowledge this as a basic principle, in the same way as you would expect it from other members of the Community.

5.2 You shall ensure that your member account is used only by yourself and for this purpose you must in particular keep your password secret. You shall be responsible for ensuring that no third party obtains knowledge of your password. You must notify Festo Community without undue delay of any misuse of your password or member account as well as of any other relevant breach of security regulations. Your liability for any misuse of your member account that has been culpably caused by you shall remain unaffected.

5.3 Participation in Festo Community requires a certain infrastructure (e.g. computer, Internet connection, mobile phone connection); procurement and costs of the above shall be your own responsibility.

5.4 You shall commit to refraining from any actions that will or may impair the integrity or functionality of the Services provided by Festo Community or the servers and networks connected to them (e.g. through software or scripts). This shall in particular also apply to the use of robots, spiders, scrapers or similar technologies for the automated retrieval of content or data. Likewise, it shall be prohibited to alter any sections of the website not provided to you by Festo Community for such purpose, including sections of other users, or to distribute any information, data or evaluations included therein. You undertake not to access the offers/Services in any way other than through the user interface provided by Festo Community.

5.5 You undertake not to use, reproduce, duplicate, copy, sell, exchange or resell the offers/Services for any purpose, in particular for commercial purposes, other than the permitted private or internal use (cf. section 4.2).

6. Limited Control of Content

Due to the constantly changing content in the Festo Community, it is not possible for us to review contributions, check their content and directly and actively control them. The users’ opinions do not necessarily reflect the opinion of Festo AG & Co. KG or its bodies. Insofar we do not accept any responsibility for content, correctness and form of posted contributions. If Festo Areceives any report about the violation of third-party rights or other terms of use, the incident shall be examined and Festo AG & Co. KG shall take appropriate measures.

7. Responsibility for Content, Prohibited Content and Conduct

7.1. Festo AG & Co. KG stores all content. There shall be no right to recording and storage or to continued storage. Users shall be responsible for backing up their own data.

7.2. Constant repetitions of the same content, nonsense as well as absurd texts are unwelcome. Please bear in mind that all of your contributions should refer to the respective topic of the discussion.

7.3. We ask all users to engage in polite, committed and fair discussions and to follow the basic rules of appropriate and comprehensible language even in lively exchanges of ideas.

7.4. It shall not be permitted to use Festo Community and its technical capabilities to spread and/or share untrue factual allegations or so-called abusive criticism.

7.5 You shall bear the sole responsibility for any data, texts, information, votes, ratings, posts and other statements, messages, software, music, photos, graphics, videos, links or other materials (hereinafter together called "Content") created by yourself or adopted from third parties that you post, publish, distribute or otherwise transmit with the use of or via Festo Community. We note that in addition to the rights of the creators of drawings, photos, videos, etc., the rights of the persons depicted may be affected as well. Well-known buildings may also be associated with rights entitling the holder to injunctive relief. Every user shall insofar be required not to post any content that violates third-party rights. Personal rights, including those of other users, must be respected. Real names, addresses, telephone numbers or other personal data of third parties must not be published in the Community. It goes without saying that users now and then also make statements about competitive products. Here too, objectivity and fairness must be paramount objective. In this context, in particular disparagement or discrimination as well as calls for boycotts shall not be permitted. Please check the information in your posts before submitting. You should expect search engines to include your posts and content. This means that such content may be accessed worldwide without specifically visiting our website. Any claim to deletion or correction of your contributions by the Festo Community shall be excluded. Section 9 shall remain unaffected.

7.6 Your use of the Festo Community and the offered Services as well as any content posted by you must not violate any legal prohibitions, moral and ethical standards and/or third-party rights. In particular, when using the Community Services, you must not:

store, publish or transmit any content that is defamatory, personally or economically damaging, threatening, abusive, harassing, offensive, slanderous, vulgar, obscene, hateful, racist or otherwise discriminatory, religiously disparaging, pornographic, glorifying violence, harmful to minors or in any other way violates applicable law or at the sole discretion of Festo is deemed objectionable. Inhuman contributions or contributions that in a similar manner are in breach of moral and ethical standards as well as politically or religiously motivated appeals shall be inadmissible as well. store, publish and/or transmit content infringing third-party rights, in particular patents, trademarks, utility models and designs, copyrights, ancillary copyrights, trade secrets, expertise, personal or property rights or which you are not entitled to pass on. store, publish and/or transmit content containing viruses or files or programs that are intended or suitable to interrupt, destroy or restrict the functioning of software, hardware or telecommunications devices. pretend to be a different individual or entity in the Services of the Festo Community. forward, disseminate or otherwise publish contents of other users outside the Services of the Festo Community, unless the person concerned has given his/her relevant consent. falsify or suppress emails or content of other users or authors or the attribution of content to a user or author as well as to remove or manipulate legal or other references, owner's identifications, indications of origin and identification marks of other users. disseminate any commercial communication, in particular advertising and promotional material or store, publish and/or transmit junk or mass emails ("spam"), chain letters, Ponzi schemes or comparable immoral content or other commercial communication via the Festo Community, without the express prior written permission of Festo AG & Co. KG. collect, store or transmit personal data about other users, unless the data subjects have given their relevant consent.

7.7 In case you discover that content of other users is in breach of these Terms of Use or of any legal provisions, please notify us by email at team@community.bionics4education.com. Please also provide us with the identification information of the person you believe does not comply with the rules, along with the relevant content or a description and other useful or required information.

8. Transfer of Rights to User Content

8.1 The following transfers of rights shall solely serve the purpose of enabling Festo AG & Co. KG to use and continue Festo Community. Anyone posting content in Festo Community shall grant Festo AG & Co. KG the gratuitous basic right, unrestricted as to either locality or time, to make this content permanently publicly accessible as part of the operation of the community. Such content may then also be used (in particular stored, processed or made publicly accessible) e.g. for purposes beyond your membership within the context of the offered Services and functionalities. This shall also include the right to adapt the content to the technical requirements and possibilities of the media/playback devices used (e.g. scaling the presentation, trimming without altering the statement of the content, conversion to other formats).

8.2 Festo AG & Co. KG shall be entitled, within the scope of the transfer of Festo Community to third parties for the purpose of its continuation, to also transfer the granted right of use. This shall not be associated with any exercise obligation on the part of Festo AG & Co. KG or such third party.

8.3 You shall guarantee Festo Community that you have all rights required with respect to the content for which you use the Community, namely storing, publishing, sharing and/or transmitting. If you are not the actual holder of the rights to any content posted by you, you shall guarantee that you have effectively obtained all required rights, permits, consents etc. In the event that you are in breach of all or any such guarantee, you shall be liable to us for any damage incurred, including the necessary costs of our legal defense.

8.4 You shall allow Festo Community to include in particular your user name and your content in internal search functions to optimize the Services of Festo Community and to create thumbnails of photos and videos and to use them in the Services of Festo Community indefinitely.

9. Virtual Domiciliary Rights

9.1 Festo AG & Co. KG reserves the right to exercise its virtual domiciliary rights at all times. Accordingly, in the event of violations of the rules set by Festo AG & Co. KG, contributions, links and other content may without prior notification of the author be moved elsewhere in the Community, moderated or for the purposes of compliance with these framework conditions and protection of third-party rights (marked as editing by the community of DER.com), may be supplemented or deleted as a whole or in part. Such measures may be accompanied by warnings or exclusion from Festo Community. If we dispense with such measures in an individual case, this shall not mean that we generally dispense with taking such measures.

9.2 We cannot resolve disputes between users or with respect to third parties. In case of doubt, Festo AG & Co. KG shall be entitled to block contributions or other content, until a final binding judicial clarification or an agreement with parties concerned has been proven or otherwise, until in the opinion of Festo AG & Co. KG it has been ensured that Festo AG & Co. KG is indemnified by potentially infringed parties from any liability and responsibility with regard to the publication.

10. Disclaimer of Warranty, Third-Party Content

10.1 Festo Community offers its Service subject to the proviso that it can fully or partially modify, suspend or discontinue it at any time. Festo Community does not guarantee to either you or any other person that the offer is available at any time without any interruption, secure and free from errors. Your use shall be at your own risk. This shall apply in particular to the use of content offered by the Community, in particular by other users. Festo Community also does not guarantee that the hardware and software used for the offer will work without errors at all times or that any errors in the hardware or software will be corrected.

10.2 The Community is a platform for opinions, evaluations and surveys of its users. Festo Community therefore shall not assume any warranty and give no assurance regarding correctness and reliability of the information, evaluations and functionalities available in the context of the offer, since these are essentially based on the conduct of and information provided by the users and dependent on it.

10.3 Our offer as well as any user content may contain references (links) to third-party websites and services. The respective provider or operator shall have the primary responsibility for the content of the linked pages, which for Festo Community shall represent external content. Please notify us at team@community.bionics4education.com if you are of the opinion that any linked offers contain illegal or otherwise questionable content.

10.4 The respective provider shall be responsible for the content of advertisements as well as for the content of the advertised website.

11. Liability and Limitation of Liability

11.1 Festo Community shall be liable for claims for damages - in particular due to tort, organizational fault, culpa in contrahendo or any other fault-based claims due to breaches of duty - only if such claims are based on intent or gross negligence or if the damage is based on a breach of essential contractual obligations (i.e. obligations which must be satisfied to allow for the proper performance of the contract in the first place and on the compliance of which the contractual partner may regularly rely) or claims according to Sec. 1, 4 of the Product Liability Act.

11.2 The above limitation of liability for cases of simple negligence shall not apply in case of any damage resulting from injury to life, limb or health as well as in the case of the assumption of a guaranty of quality or fraudulent concealment of a defect within the meaning of Sec. 444 BGB (Civil Code). In such cases, Festo Community shall also be liable for simple negligence. As far as the liability of Festo Community is stipulated above, this shall also apply to employees, staff, representatives and vicarious agents of Festo AG & Co. KG.

12. Miscellaneous

12.1 These Terms of Use are available in German only and will not be saved separately by Festo Community upon conclusion of the contract. The current version is available at http://community.bionics4education.com. Prior versions are no longer available.