Terms of use

1. Scope

Use of these Internet pages provided by infinity³ GmbH (referred to below as "infinity³ Website") is permissible exclusively in accordance with these conditions. In special cases these conditions of use may be supplemented, modified or replaced by other conditions, e.g. for the acquisition of products and/or services. By logging in or, if separate log-in is not necessary, by starting to use the Website you accept the validity of these conditions of use in the version current at the time.

§ 312e (1) (1) (1-3) of the German Civil Code does not apply if when using the infinity³ Website the user is acting as or on behalf of an enterprise, i.e. in the exercise of a commercial or freelance occupational activity or on behalf of a public corporation.

2. Availability

infinity³ makes certain data and software, in some cases accompanied by documentation, available on the infinity³ Website for viewing or downloading.

infinity³ is entitled to suspend operation of the infinity³ Website completely or partly at any time. Due to the nature of the Internet and of computer systems, Infinity³ does not warrant the uninterrupted availability of the infinity³ Website.

3. Registration, password

Some pages of the infinity³ Website may be password-protected. In the interests of business security, access to these pages is only open to registered users. There is no entitlement to registration with infinity³. In particular, infinity³ reserves the right to make even pages previously freely accessible subject to a registration obligation. infinity³ is entitled at any time to revoke access authorisation by barring the access data without having to give reasons, in particular if the user has provided false details for the purpose of registration, has infringed these conditions or its duty of care in connection with access data or has not used the infinity³ Website for a long time.

A user wishing to register shall provide true details when registering and shall notify infinity³ without delay of any subsequent changes (preferably on line). The user shall ensure that e-mails sent to the e-mail address which he has provided do effectively reach him.

Following registration the user will be issued with a user name and password (referred to below as “user data”). At the first time of accessing the site the user will change the password issued by infinity³ to a password known to the user alone. The user data allow the user to view and edit his data and to revoke or extend any data processing consent that may have been granted.

The user shall ensure that his user data are not accessible to third parties and shall be liable for all orders placed and other activities via the user data. The user must exit the password-protected area after each use. Upon becoming aware that third parties are improperly using his user data, the user shall inform infinity³ immediately in writing, preferably by ordinary e-mail first.

Upon receipt of such notification infinity³ will bar access to the password-protected area by means of these user data. Lifting the bar requires a separate application to infinity³ by the user or re-registration.

The user can request deletion of his registration in writing at any time, provided that deletion does not prevent the progress of current contractual relationships. In this case infinity³ will delete all user data and all other stored personal data of the user’s as long as they are no longer required.

4. Rights to use information, software and documentation

Use of the data and documentation made available on the infinity³ Website is subject to these conditions or, in the case of updating data, software or documentation, the applicable licence conditions previously agreed with infinity³. Separately agreed licence conditions shall take precedence over these conditions.

infinity³ grants the user a non-exclusive, non-transferable right to use the data, software and documentation supplied on the infinity³ Website to the extent agreed or, if nothing has been agreed, in accordance with the purpose pursued by infinity³ in making available and supplying the data, software and documentation.

Software will be supplied free of charge in machine-readable form. There shall be no right to surrender of the source code. The only exceptions are source codes of open source software where the licence conditions take precedence over these conditions in connection with passing on open source software and stipulate surrender of the source code. In such a case infinity³ will make the source code available upon reimbursement of costs.

At no time shall the user distribute, hire or otherwise supply data, software or documentation to third parties. Unless otherwise permitted by peremptory provisions of law, the user shall not alter, back-develop or back-translate the software or associated documentation or remove any part of it. The user is permitted to make a back up copy of the software if that copy is needed to ensure future use.

The data, software and documentation are protected both by copyright laws and by international copyright agreements and by other laws and agreements concerning intellectual property. The user shall respect such rights and in particular shall not remove alphanumeric labels, marks and copyright notices from the data, the software or the documentation.

This shall not affect the provisions of §§ 69a ff. of the German Copyright Act (Urheberrechtsgesetz).

5. Intellectual property, copyright

Notwithstanding the special provisions of Clause 4 of these conditions, no data, brand names or other content of the infinity³ Website shall be altered, copied, duplicated, sold, hired, used, added to or otherwise exploited without the prior written consent of infinity³.

Apart from the rights of use or other rights expressly granted here, the user is not granted any other rights of any kind whatsoever, in particular in the firm name or in industrial property rights such as patents, utility patents or trade marks, nor is infinity³ under a corresponding obligation to grant such rights.

infinity³ respects third party intellectual property and expects its customers to do likewise. If you are of the opinion that your intellectual property has been copied in a way that constitutes breach of copyright, please inform infinity³, providing the following information: a description of the work protected by copyright which in your opinion has been infringed; an electronic or handwritten signature of the person entitled to act for the holder of the right; particulars of the location of the material which in your opinion infringes copyright; your address, e-mail address and telephone number; a declaration that to the best of your knowledge and belief the use complained of has not been permitted by the copyright holder, by the latter’s agent or by legal provisions; an affirmation in lieu of oath by you that the above information is true and that you or a third party known to you is the holder of the copyright or is/are authorised to act on behalf of the holder of the right.

The appropriate persons to be notified if alleging breach of copyright can be reached at: abuse@infinity-3.de

6. User’s obligations

In connection with use of the infinity³ Website the user shall not: harm people, in particular minors, or infringe their personal rights; behave contrary to morality as a user; infringe industrial property rights and copyright or other ownership rights; pass on content with viruses, in particular what are called Trojan horses or other programming that could damage the software; enter, save or transmit hyperlinks or content without authority, in particular if such hyperlinks or content infringe secrecy obligations or are unlawful; or distribute advertising or unsolicited e-mails (known as spam) or false alerts about viruses, malfunctions and similar or invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions.

infinity³ may bar access to the infinity³ Website at any time, especially if the user infringes its obligations in accordance with these conditions.

7. Liability for defects of title and defects of quality

Insofar as data, software or documentation are supplied free of charge, liability for defects of quality and defects of title with respect to the data, software and documentation, in particular for their accuracy, freedom from errors, freedom from third party proprietary rights and copyright, completeness and/or usability shall be excluded, save in case of intent or malice and in case of injury to life, limb or health.

The data may contain general descriptions of technical possibilities of individual products which need not necessarily be available in a particular case (e.g. due to product modifications). The desired product properties should therefore be specifically agreed at the time of purchase.

8. Other liability, viruses

infinity³’s liability for defects of quality and defects of title shall be governed by the provisions of clause 7 of these conditions. Otherwise any liability on the part of infinity³ is excluded save for compulsory liability in case of intent, gross negligence, injury to life, limb or health, giving a quality warranty, concealment of a defect with intent to deceive or breach of essential contractual obligations. However, compensation for breach of essential contractual obligations shall be limited to the foreseeable loss typical of the contract save in case of intent or gross negligence.

Although infinity³ always endeavours to keep the infinity³ Website virus-free, infinity³ does not guarantee freedom from viruses. Before downloading data, software and documentation users should ensure appropriate security devices and virus scanners are in use, for their own protection and to avoid viruses on the infinity³ Website.

The above provisions do not imply any shifting of the burden of proof to the user’s detriment.

9. Export control

The export of certain data, software and documentation may be subject to official approval, for example due to its nature or end use or final destination. The user shall strictly comply with the export regulations applicable to the data, software and documentation, in particular those of the EU or the EU member states and the USA. infinity³ will label data, software and documentation with respect to the official approval requirements according to German, EU and US export lists.

The user shall in particular check and ensure that the data, software and documentation supplied are not used for a purpose relevant to defence, nuclear technology or armaments or other military use; that no enterprises or persons named in the US Denied Persons List (DPL) receive goods, software or technology of US origin; no enterprises or persons named in the US Warning List, the US Entity List or the US Specially Designated Nationals List receive products of US origin without approval; and that the early warnings by the competent German authorities are heeded. Access to software, documentation and data on the infinity³ Website shall then take place only if the above checking and ensuring requirements are fulfilled; otherwise infinity³ shall not be obliged to deliver.

10. Privacy

When collecting, using and processing the personal data of infinity³ Website users, infinity³ will observe the applicable provisions of data protection law and the infinity³ privacy policy, which can be viewed via hyperlinks on the infinity³ Website.

11. Collateral agreements, place of jurisdiction, choice of law

Collateral agreements shall be made in writing.

If the user is a merchant in accordance with the commercial code, the place of jurisdiction shall be Bielefeld.

The infinity³ Website is operated from Germany and responsibility lies in Germany. infinity³ shall not be held responsible for data, software and/or documentation on the infinity³ Website being called up or downloaded outside Germany. If users outside Germany access the infinity³ Website they themselves shall exclusively be responsible for compliance with the provisions applicable according to the law of their country. Access to data, software and/or documentation on the infinity³ Website from countries where such access is illegal is not permitted. German law shall apply, excluding the UN convention on the international sale of goods.