Access to and use of the CLARIUS.LEGAL Platform (the Platform) is subject to these Terms and Conditions of Use, as amended from time to time (Terms of Use), and, if applicable, the terms and conditions entered into by the Organisation for which you work (the Participating Organisation) with respect to the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use.
1. DEFINITIONS
References in these Terms of Use and on the Platform to:
we or us or our means CLARIUS.LEGAL and its successors and assigns; you or your means you as a user of the Platform;
CLARIUS.LEGAL means CLARIUS.LEGAL Rechtsanwaltsaktiengesellschaft, a stock corporation registered in Germany with the commercial register number HRB 148349 and its registered office at Neuer Wall 77, 20354 Hamburg, Germany;
Content means all text, software, databases, formats, graphics and written works and all other materials developed by us, on our behalf or in collaboration with us and which form part of the Platform or are made available on or through the Platform with the permission of the Third Party Owners;
Data Protection Laws refers to the General Data Protection Regulation (EU Regulation 2016/679) (GDPR) and any other laws and regulations relating to the processing of personal data (as defined in the GDPR);
Intellectual Property Rights means (i) copyrights, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether or not registered); (ii) applications for registration and the right to apply for registration of any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection worldwide;
2. ACCESS TO AND PURPOSE OF THE PLATFORM
By accessing the Platform, you acknowledge and agree that:
(a) the Platform and its content are provided for general informational purposes only, and nothing on the Platform is intended as legal advice or other professional advice, nor is it a substitute for obtaining legal advice, and its use does not create an attorney-client relationship with us. We assume no responsibility for any loss that may result from reliance on any information or materials posted on this website. If you would like to learn more about the information contained in the published materials, please contact us at [email protected];
(b) while CLARIUS.LEGAL takes reasonable steps to ensure that the Platform contains up-to-date and accurate information, this may not always be the case and the information may change from time to time without notice and we shall have no liability in this respect;
(c) you will access the Platform and its Content solely for your own use and will not commercially use or reproduce, sell, lend or rent the Platform, the Content or the Software (or any part thereof) for any purpose whatsoever unless you have our prior written permission; and
(d) you will comply with all reasonable instructions we give you in relation to the Platform, including these Terms of Use and any terms agreed with the Participating Organisation;
(e) you will keep the Platform Access Data confidential and secure and will not disclose it to any third party unless you have our prior written permission;
(f) you will promptly provide such information as CLARIUS.LEGAL may request with respect to such use or access upon request.
3. USE AND FUNCTION OF THE PLATFORM
3.1 We cannot guarantee that the Platform will function according to your expectations or will be error-free. If you experience an error on the Platform, please contact us via email at [email protected] and we will endeavor to correct it. We do not guarantee the availability of links provided from the Platform.
3.2 CLARIUS.LEGAL is not responsible for any telecommunication charges related to your use of the Platform.
3.3 You will not send or upload any content to the platform:
(a) that violates any law or regulation, infringes our rights or the rights of any third party; or
(b) that is offensive, abusive, indecent, defamatory, obscene or threatening.
3.4 Except to the extent necessary to use the Platform in accordance with these Terms of Use, you may not copy, store in any medium (including on another website), distribute, transmit, retransmit, broadcast, modify or publicly show any part of the Platform or its Content or systematically extract any material from the Platform or in any way commercially exploit all or any part of the Platform or its Content without our prior written permission.
3.5 We reserve the right to update, modify, restrict access to or close the Platform or any part thereof at any time.
3.6 CLARIUS.LEGAL shall have the right to revoke or suspend your access to the Platform immediately and without notice if you breach these Terms of Use or the terms agreed with the Participating Organisation, and shall have no liability to you or the Participating Organisation in this regard.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Except as set out in 4.2, we, our suppliers or third parties who have granted us permission to reproduce their material on the Platform own all Intellectual Property Rights in the Content and the Platform. You do not have and shall not acquire any right, title or interest in the Content or the Platform.
4.2 You or the Participating Organisation shall retain ownership of information or documents you upload to the Platform but you hereby grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use that information (including to reproduce, modify and display it) for the purpose of providing and operating the Platform and, where relevant, to give effect to and administrate the agreement between us and the Participating Organisation for which you work.
5. USE OF COMMUNICATION SERVICES
5.1 The Platform may contain comment boxes, upload functions, message boards, and/or other message or communication facilities designed to allow you to communicate with us or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using our Communication Services.
5.2 When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Platform any material that:
6. DATA PROTECTION
6.1 You are responsible for ensuring that the personal data you provide to CLARIUS.LEGAL through the Platform or otherwise complies with applicable data protection laws, and you will not do or omit to do anything that would cause CLARIUS.LEGAL to violate such laws.
6.2 We will comply with applicable data protection laws when processing your personal data. For information on how we use or process your personal data in connection with your use of this Platform, please see our Privacy Policy, which is available on the Platform or here.
7. LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY
7.1 We make no express or implied conditions, representation or warranties (whether statutory or otherwise) as to the adequacy of the Platform or Content (including as to condition, satisfactory quality, availability, performance or fitness for a particular purpose). All such conditions, representation and warranties are excluded to the extent that their exclusion is prohibited by law.
7.2 From the Platform, you may gain access to websites operated by third parties. We are not responsible for their content and are not liable for any damage or loss you may suffer as a result of accessing or using the content of those websites.
7.3 We cannot guarantee that content downloaded from the Platform is free from viruses. We will not be liable for any damage or loss caused to any equipment or software due to viruses or malicious code or software, defects or malfunctions in connection with access to or use of the Platform or the Content.
7.4 In the event of damage to property and financial loss caused by you or by us or our vicarious agents through simple negligence, liability shall be limited to cases of breach of a material contractual obligation, but the amount shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Liability for damages resulting from injury to life, body or health due to a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours is not excluded; furthermore, liability for damages due to a grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours is not excluded.
8. GENERAL PROVISIONS
8.1 We reserve the right to change or amend these Terms of Use from time to time. Any amendments shall become effective upon publication on the Platform.
8.2 If any of the Terms of Use in this Agreement are unenforceable, the remaining Terms of Use will not be affected.
8.3 If you do not comply with these Terms of Use and we do not take immediate action against you, this does not mean that we waive our rights entirely (e.g. the right to take action in the future).
8.4 Our rights and/or obligations under these Terms of Use may be transferred to any person. Any transfer must not be detrimental to you. You may not transfer any of your rights or obligations under these Terms of Use without our prior consent.
8.5 These Terms of Use may be amended by us from time to time. Please check them regularly to keep up to date with any changes.
9. APPLICABLE LAW
These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms of Use or in connection with the Platform shall be governed by and construed in accordance with German law. The German courts shall have exclusive jurisdiction to resolve any dispute, claim or controversy arising out of or in connection with the Terms of Use or the Platform, and the parties submit to the exclusive jurisdiction of the German courts, and you hereby waive any objection to the German courts on the grounds that they are an inappropriate or improper forum for the resolution of such disputes. The place of jurisdiction is Hamburg.
Status: April 2021