TERMS OF USE (LAST MODIFIED SEPTEMBER 2013)

Copyright information

Apollinaris, Apollinaris Selection, ViO, Big Apple, the red triangle and the Apollinaris logo are registered trademarks (hereinafter together “Material”). The Material is also copyrighted. All rights reserved. The entire Material is – unless explicitly stipulated otherwise by these Terms of Use - provided exclusively for private, non-commercial use.

The following Terms of Use for this website and any other legislation or provisions governing this website, the Internet or the World Wide Web apply for all users of this website.

Unless explicitly stipulated otherwise by these Terms of Use - the content of this website is aimed at users resident in the Federal Republic of Germany.

General use of this website

Apollinaris maintains this website – unless explicitly stipulated otherwise – for the purposes of personal entertainment, information, and education and as a communication forum. Use this website at your discretion. You may download the Material shown on the website for personal, non-commercial use, provided you comply with all copyright and protection notices with respect to the Material. You may not distribute, modify, transmit, reuse, republish or use any content of the website including text, images, audio or video files for public or commercial purposes without the written permission of Apollinaris.

The downloadable images and logos available under the menu item Export/Product Images and Export/Logos and Color Codes (hereinafter together “Advertising Material”) may only be used commercially to support the sale of Apollinaris products in countries outside the Federal Republic of Germany. The Advertising Material may only be used for standard forms of ad¬ver¬tising. It may not be used in any way or for any purposes which could damage the reputa¬tion of Apollinaris or its products. Any editing of the Advertising Material is only permissible if this is necessary for its use in advertising. Editing may not have any negative impact on the appearance of the Advertising Material (e.g., no color changes, no image distortion). The downloadable Material available under the menu item Export/Logos and Color Codes may also subject to compliance with the above terms and conditions be used to support the sale of Apollinaris products in the Federal Republic of Germany.

Website terms of use

1. Unless stated otherwise, all images and text and/or graphic designs on the website are copyrighted and may only be used without the written permission of Apollinaris for the purposes specified in these Terms of Use or any other terms specified in the text of the website. Apollinaris does not assume any liability or warranty that the Material shown on the website does not infringe the rights of third parties.

2. Although Apollinaris makes every effort to ensure that the information on the website is correct and up-to-date, the website only represents a non-binding offer to provide information. No warranties are therefore made or liability assumed for the correctness of the information provided. Apollinaris does not assume any liability or responsibility for mistakes or omissions with respect to the content of the website.

3. Apollinaris excludes liability for breach of duty involving slight negligence provided this does not affect significant contractual obligations, life, health or body, or pertain to claims on the basis of the German Product Liability Act. This shall also apply to breach of duty by persons or parties employed for the performance of its obligations. Appropriate preventative measures, in particular the daily creation of back-up copies of all data and programs, are recommended for the prevention of any undesired data loss.

4. All messages and other material which you send by e-mail or in another form to the website, including data, questions, comments and similar are not treated confidentially or as intellectual property. The entire material which you send to the website becomes the property of Apollinaris and can be used freely, including but not limited to its reproduction, disclosure, transmission, publication, communication and presentation. Apollinaris may also for any purpose do what it wants with ideas, concepts, know-how or processes contained in the messages you send to the website, including but not limited to the development, manufacture and distribution of products using such information. The above does not apply to SMS text messages and e-mails sent to recipients of the user’s choice via the website. This does not affect the claims of the user based on intellectual or commercial property rights.

5. Images on the website depicting persons or places are either the property of Apollinaris or are used with the appropriate permission of the owner of the rights to such. The use of these images by you or other persons other than for private purposes is prohibited, unless this is permitted by other provisions of these Terms of Use or this is permissible in another section of the website. The unlawful use of images can infringe copyrights, trademark rights, and personal and publicity rights.

6. The trademarks shown on this website are the intellectual property of Apollinaris or third parties. No rights to the content of the website are granted without their approval. The use of the trademarks shown on the website or other content of the website for purposes other than those stipulated in the Terms of Use is strictly prohibited.

7. Apolliaris does not check any websites, which contain links to its website and is not responsible for the content of websites outside its own website or of websites of third parties. If you establish a link to the website of Apollinaris, you do so at your own risk and without the permission of Apollinaris.

Apollinaris explicitly declares that in the event that a link is established to a third party website, the linked content did not contain any illegal content at the time the link was established. Apollinaris has no influence on the current or future design or content of the linked sites. Apollinaris therefore explicitly distances itself from all content of all linked sites changed after establishment of the link.

8. Although Apollinaris may if necessary monitor and check discussions, chats, messages, transmissions, bulletin boards or similar posted on the website, Apollinaris is not obliged to do so and does not assume any responsibility or liability for the content of such communication forums. This applies in particular to any false, defamatory, slanderous, libelous, omitted, disparaging, obscene, pornographic, profane, dangerous, or inaccurate information posted in the communication forums of the website. The sending to the website of messages or materials containing illegal, harassing, slanderous, defamatory, obscene, offensive, provocative, pornographic or disparaging material or which could constitute or encourage conduct that would be considered a criminal offence or otherwise violate any law is prohibited. Apollinaris cooperates fully with all authorities and courts which request or instruct Apollinaris to disclose the identity or persons who have sent materials or messages to the website. Apollinaris reserves the right to delete any material which is impermissible pursuant to this Clause 8. Apollinaris also reserves the right to exclude users who violate these Terms of Use and in particular this Clause 8 from using the services offered on the website. Apollinaris also advises that the entries made by users of the website and SMS text messages and e-mails sent by users via the website to recipients chosen by the users do not reflect the opinions of Apollinaris.

9. If you publicly disclose your mobile telephone number and/or e-mail address when using the services offered on the website, please note that Apollinaris is not responsible for the receipt of unsolicited calls and/or e-mails resulting from this. Specifying your personal data during registration does not constitute any such public disclosure.

10. The software and other Material which is downloaded from the website can be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this website may be downloaded or exported: (1) to (or by a citizen or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country for which the USA has issued trade restrictions, or (2) to persons on the United States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. Apollinaris does not authorize the downloading or exportation of any software or technical data from this website to any country prohibited by the Export Laws of the United States of America.

11. Apollinaris reserves the right to revise these Terms of Use at any time. You are bound by any such revisions and should therefore periodically visit to page to review the current Terms of Use.

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