1. General

1.1 https://oerlikon-balzers-plasmabeschichtung.bibliothek-der-technik.de (hereinafter referred to as “topic portal”) is a digital book platform for interactive and digital use of Oerlikon Balzers Coating AG (hereinafter referred to as “provider”). The provider provides the topic portal to selected customers and partners solely in accordance with these Terms of Use.

1.2 These Terms of Use form the basis of the legal relationship between provider and user and the topic portal provided. These Terms of Use also apply in the event of conflicting terms and conditions of users.

1.3 The provider can change the topic portal, without prior notice to users. Users are not entitled to the topic portal being available at a particular time and/or in a particular area; the use of the topic portal can be restricted, interrupted, or discontinued without notice to users.

2. Technical options in the topic portal

The provider offers the user the option on the digital book platform to edit the digital content with bookmarks, comments, or other functions for their own use. Furthermore, the digital book platform offers the user the option to recommend or comment on the digital content on his/her social media.

3. User liability

The user is liable to the provider for any non-contractual, abusive and/or illegal use of the topic portal. The user will exempt the provider from all claims that third parties have against the provider due to such violations of the user. The user is obliged to support the provider in the defence against such claims and to provide all necessary information to the provider.

4. User code of conduct

4.1 It is prohibited for the user or other third parties to post content on the topic portal that is untrue or misleading, in particular to make false and/or inaccurate assessments and/or false statements about products, services, companies, and other local conditions/events which are derogatory, offensive, obscene, threatening, pornographic, in violation of human rights, racist, inciting or otherwise criminal or illegal, or violate the property rights or personal rights of third parties.

4.2 If a user violates the above conditions, the provider is entitled without notification to the user to deny users access to the topic portal.

5. Copyright and other property rights

5.1 The content and works provided by the provider on these sites are subject to copyright. The reproduction, adaptation, distribution, publishing or any other form of use requires the express consent of the provider. Downloads and copies of this site are permitted for personal, non-commercial use only. Commercial sub-licensing or other distribution to third parties is not permitted.

5.2 The topic portal publishes content that is legally protected (logos, trademarks, images, designs, etc.). The user is, therefore, not permitted to reproduce, distribute or otherwise publish these in any form without separate approval. In particular, the user is not permitted to use, publish, modify or delete the content for commercial purposes.

6. Data protection act

The provider processes the personal data of the user in accordance with the provisions of the BDSG [Bundesdatenschutzgesetz (Federal Data Protection Act)] as well as other relevant legal provisions. Further details can be found in the respective privacy policy.

7. Applicable law, place of jurisdiction

The topic portal is offered by the provider. These Terms of Use are subject exclusively to the law of the country where the provider is located. The place of jurisdiction for all disputes between the user and the provider is, provided there are no conflicting grounds for the sake of consumer protection, the location of the provider.

8. Amendment to the general Terms of Use

The provider reserves the right to change these Terms of Use at any time and to make the use of the service available at amended Terms of Use. The user will be notified of the amendments to the Terms of Use. The amendments will take effect immediately as soon as they are accepted and then will become part of the Terms of Use. If the user does not accept the amendments, the provider may terminate this agreement with you. The current version of these Terms of Use will become available on the web portal of the provider once it has come into effect.

9. Final provisions

If any provision of these Terms of Use is or becomes ineffective or unenforceable, the parties will interpret that term so that the ineffective or unenforceable provision is consistent with applicable law and consistent with the original purpose of the provider. The rest of the Terms of Use remain unaffected. The provider reserves the right to take any action that he deems appropriate, necessary or just in order to enforce these Terms of Use or to ensure compliance with these Terms of Use.

The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at https://ec.europa.eu/consumers/odr/. We would like to point out that we do not participate in dispute resolution procedures before consumer dispute arbitration boards.