2.1 Opencity Inc. offers on the Opencity Inc. Web Site specific information and software, as well as – as the case may be – related documentation, for viewing or downloading. 2.2 Opencity Inc. may stop the operation of the Opencity Inc. Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Opencity Inc. cannot accept any liability for the continuous availability of the Opencity Inc. Web Site.
3. Rights of Use to Information, Software and Documentation
4. Intellectual Property
4.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the Opencity Inc. Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Opencity Inc.. 4.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, including, but not limited to, the use of company’s name or intellectual property rights such as patents, trademarks or utility models.
5. Duties of the User
5.1 While using the Opencity Inc. Web Site the User shall not
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled to use, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are illegal; or
- distribute advertising or unsolicited e-mails (so-called “spam”) or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
6.1 The Opencity Inc. Web Site may contain hyperlinks to the Web pages of third parties. Opencity Inc. accepts no liability for the contents of such Web pages and does not make representations about or endorse such Web pages or their contents as its own, as Opencity Inc. does not control the information on such Web pages and is not responsible for the contents and information given thereon. The use of such Web pages shall be at the sole risk of the User.
7. Liability for defects of title or quality
7.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud as well as personal injury or death. 7.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
8. Other Liability, Viruses
8.1 Any further liability of Opencity Inc. is excluded unless required by law. Except in respect of death or personal injury arising from negligence, Opencity Inc. and the hosts of this site hereby exclude liability for any claims, losses, demands or damages of any kind whatsoever with respect to any information and/or services provided on our website including but not limited to direct, indirect, incidental or consequential loss or damages, compensatory damages or loss of profits or data whether based on a breach of contract or warranty, delict or tort (including negligence), product liability or otherwise. 8.2 Although Opencity Inc. makes every endeavour to keep the Opencity Inc. Web Site free from viruses, Opencity Inc. cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures.
9. Export Controls
9.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. 9.2 Upon request Opencity Inc. shall inform the User of the relevant contact points for further information.
10. Data Privacy Protection
11.1 The Opencity Inc. website contains information about services which may or may not be available in any particular country, and if available, have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and medical practices governing the communication of medical or other information about medical services on the Internet. Nothing herein should be construed as a solicitation or promotion for any service which is not authorized by the laws and regulations of the state or country where the reader resides.
12. Place of Jurisdiction, Applicable Law