1 Contract partners
(1) Contract partners within the scope of these terms and conditions are OEMmultimedia and the customer.
2 Object of the contractual relationship
(1) The object and elements of the contractual relationship between OEMmultimedia and the customer result from these general terms and conditions.
3 Materialisation of the contract
(1) The contract between OEMmultimedia and the customer materialises when a user account is created. A user account is created when the customer registers. The alternative way is to create an anonymous user account (guest account) by paying with the Buy Now method.
4 Terms of use
(1) The scope of the usage rights is limited to the registered customer. Any use that is above and beyond this is not allowed. The above cession of right to use is not connected to an award of rights or to a waiver with regard to the rights to the databases/ software.
(2) The customer specified in the order is allow to use the content (database/ software) exclusively for himselfs private purposes and within the scope of the supplied manuals/ installation guides. Any use of the databases/ software that goes above and beyond the aforesaid permission to use represents a copyright violation with regard to the databases/software according to applicable law and is therefore forbidden.
5 Conditions of use
(1) The service is accessible to any Internet user. The condition for use is an online registration by the customer.
6 Duties and obligations of the customer
6.1 Data
(1) The customer is in all cases responsible for the correct entry of his data, which is required for the transaction of the contract and/or use of the services. Changes to this data must be made immediately by the customer himself, provided this is possible, or they must be given to OEMmultimedia in writing.
6.2 Passwords
(1) The term ‘passwords’ is understood to be all letter and/or number combinations that have the purpose of excluding use by unauthorised persons.
(2) Passwords may not be passed to third parties and must be protected against access by third parties. They must be changed in regular intervals for reasons of security. If there is reason to suspect that unauthorised persons have become aware of the code word/password, then the customer must change the password without delay. They may only be stored in digital media in an encrypted form.
(3) The customer will ensure that when using services of OEMmultimedia through the central network access of a local area network, that the local area network is protected against intrusion by unauthorised persons. Furthermore, the customer is required to save or transfer passwords in digital media as well as in local radio networks exclusively in an encrypted form. For this purpose, such protection mechanisms (e.g. data encryption) must be used that comply with the state of the art.
6.3 Installation and updates
(1) Before the installation/setup of software or any other functionality, the customer must ensure that the necessary conditions for their proper operation exist. In order to be able to use the portal one requires access to the Internet site of oemmultimedia.com. For access to this site, an adequately equipped PC is required with an up-to-date Internet browser as well as a Windows operating system.
6.4 Contents
(1) To the extent that the term “Contents” is used in the following, this covers all data, pictures, graphics, or other information that can be requested or provided using technologies that are provided (Internet, email, WAP, PDA, etc).
(2) If content from OEMmultimedia is provided, then the following regulations are in force, provided nothing else has been agreed in special agreements. It is not permitted to edit, duplicate, distribute, or publicly reproduce the content or parts thereof or to use it for advertising or use it in any form that is otherwise outside the contractually specified purpose, without the express written consent of OEMmultimedia.
7 Complaints
(1) Irrespective of the liability for defects by OEMmultimedia according to point 9, paragraph 2, the customer is requested to notify OEMmultimedia in writing of any complaints with regard to the service without delay and if possible within a time period of 14 days after becoming aware of the reason for the complaint. Missing this deadline has no effect on the claims against OEMmultimedia for deficiencies. The complaints must directed to info@oemmultimedia.com
8 Consequences of violation of duties
(1) OEMmultimedia is not liable for damages resulting from a violation of duty that is the responsibility of the customer and which could have been prevented had the customer observed the duty.
(2) In the event of serious violations of the duties that are the responsibility of the customer as well as in the event of justified serious suspicious facts for a violation of duties, OEMmultimedia is entitled to block the respective service or functionality related to the violation.
(3) The company OEMmultimedia reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including, without limitation, terminating your account and reporting such activity to law enforcement authorities.
9 Liability
9.1 Customer
(1) The customer himself is liable for violations of the rights of third parties to the third parties directly. In the event of justified claims by third parties, the customer is required to indemnify OEMmultimedia provided he can’t prove that he is not responsible for the violation of duty that caused the damages.
9.2 OEMmultimedia
(1) The liability for defects by OEMmultimedia in the event of properly notified complaints is orientated around the legal provisions. The liability restrictions written in these general terms and conditions remain unaffected by this.
(2) The liability of OEMmultimedia is orientated round the legal provisions.
10 Privacy
(1) Personal data is collected, processed, and used only for the purpose of the provision of the service and the utilisation, provided there is no separate additional consent. A separate consent will be obtained for data that goes above and beyond this.
(2) The data will be stored within the framework of the legal regulations. For the implementation of the contract, for the hotline, and for technical support for the services/functionality used by the user, the data of the user within the scope of the order data processing can be communicated to subcontracted companies.
11 Refunding
There is no claim for a refund of the products.
