Terms of Service for
www.ClimateProjects.info (this site)
Parties
eFormic GmbH
Kaiser-Joseph-Str. 230,
79098 Freiburg
Germany
(eFormic),
and
You (= Project adminstrator or User)
Project administrator is the one who
has an account and provides the project information.
User is the one who
uses the provided project information by using an API of ClimateProjects.
1) Commencement, amendments and termination of these Terms of Service
a) These Terms of Service commence on the
date on which the project administrator / user indicates its acceptance.
b) eFormic may amend these Terms of Service from time to time at eFormic’s discretion. Any such amendments take effect at the time
specified by eFormic and without the project administrator’s / user’s prior consent. When eFormic materially amends these Terms of Service, a notice will be
placed on eFormic’s website. It is
the project administrator’s / user’s responsibility to check the
website from time to time to find out about any amendments. Objections need
to be imposed in written form and within 4 weeks of when the amendment took
effect.
c) They remain in effect until terminated
by finishing the respective relationship between the project administrator / user and eFormic.
2) Project administrator
a) Opening and holding of an account:
Opening an account requires an application and the acceptance of these Terms of Service. After sending your application, you will receive a confirmation email and attached these Terms of Service in printable form. Holding an
account is free of charge and underlies the conditions as outlined in these Terms of Service.
b) Account
content: The content must be legal and appropriate.
c) Acceptance of third party usage: The project administrator agrees that the provided
project information may be used by third parties in accordance with these Terms of Service.
To that extent copyright is provided by the project administrator.
d) Blocking
of an account: eFormic may block an
account if the content is illegal or inappropriate, wrong, or out-dated. This does not impose an obligation on eFormic to check the account's content.
e) Removal of an account: The project administrator may deactivate its account
anytime. In case some of its project information is linked to a third party, eFormic becomes the new project administrator, unless the the original holder disagrees.
3) User
a) Using the project information is possible by embedding the
respective content (pictures, texts, maps., etc.) on the users own
website. The using right does not exist / can be cancelled if the information is
- used in a misleading manner,
- used or meant to be used for a system similar to products or services of eFormic ,
- for any illegal or inappropriate purpose.
4) Intellectual
property / Copyright
a) All project informations are the
intellectual property of the respective project administrator. The copyright for that information is only given to the extent
described in these Terms of Service.
b) All other information of
this site is the intellectual property of
eFormic.
Here, usage is permitted under the
Using Conditions of the www.ClimateProjects.info site.
5) Relationship
between the Parties
a) Nothing in
these Terms of Service will be taken to create a relationship between the parties
of agency, joint venture, fiduciary relationship, partnership or other joint
undertaking.
6) Liability and Limitation
a) No representation, warranty or
guarantee is made with this site.
b) eFormic
shall not be liable for any mistakes or damages resulting from the use of this site, unless it is based on gross negligence or intention. This limitation does not effect a potential liablity in respect to damages of life, body and health, in that respect the legal regulations apply.
c) eFormic
is not obliged to improve or run this site in a certain way, not to provide any technical service or assistance.The site may be
suspended completely. Place of performance is where the server of this site is located.
d) eFormic is not responsible for any project information.
e) eFormic shall no be held liable for any
disputes between an project administrator
and a user.
f) It is the users sole responsibility to provide the necessary technology for using this site.
7) Indemnity
a) The project administrator/user declares to hold eFormic
harmless to the extent permissible by law in case of a liability of eFormic to third parties because of reasons that lie, according to this contract in the responsibility of the project administrator/user.
b) The indemnities in these Terms of Service
are continuing obligations of the project administrator / user, separate and
independent from other obligations and survive the termination of these Terms
of Service.
8) Miscallaneous provisions
a) The parties agree in english as the applicable language.
b) German Law
is applicable for any legal disputes with eFormic.
The place of jurisdiction is Freiburg,
Germany.
c) The CISG shall not apply.
d) Rules between you and eFormic that are different to the ones as set out in these Terms of Service are only valid if they are in written form. Written form according to this contract is given when using mail of fax including a signature.
e) These Terms of Service shall not be overruled by opposing rules or regulations of you.
f) If individual terms of these Terms of Use are invalid or unenforceable the validity of other terms shall not be affected.
© January 2011