Terms of Use
Terms of Use
Introduction
This website is brought to you by Henkel AG & Co. KGaA, Henkelstrasse 67, 40589 Düsseldorf, Germany. The information available on this website about Henkel KGaA (hereinafter referred to as “Henkel”), affiliated companies of Henkel and third parties has been put together with utmost care. However, we are unable to guarantee the completeness and correctness of the information. Henkel does not assume any liability for any mistakes in the contents of this website. Forward-looking statements made on this website have been given according to the best of our knowledge and belief. However, the results actually achieved by Henkel may differ greatly from these forward-looking statements, because they depend on a whole group of factors of a competitive and macroeconomic nature that are in some cases beyond the control of Henkel. Without prejudice to any legal obligations to amend forward-looking statements, Henkel has no intention of constantly updating all forward-looking statements contained in this website.
By accessing this site, you accept without restriction or reservation the following terms of use of the Website that you can view or print out in a pdf file.
THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN IS NOT INTENDED OR APPROVED FOR USE INSIDE THE UNITED STATES OF AMERICA OR U.S. CITIZENS OR RESIDENTS. PLEASE take note of the <Note for US residents> which applies without restriction to the use of dakaradventure.com. BY ACCESSING AND USING THIS WEB SITE YOU DECLARE THAT YOU ARE NOT A US RESIDENT.
Terms of Use of the Website
1. Copyright Law
The pages of dakaradventure.com are protected by copyright. In particular, any reproductions, adaptations, translations, storage and processing in other media, including storage or processing by electronic means, enjoy copyright protection. Any exploitation in whole or in part thereof shall require the prior written consent of Henkel. Both the contents and structure of dakaradventure.com are protected by copyright. Any reproduction of information or data, in particular the use of texts or parts thereof or image materials (except for Henkel press photos), requires Henkel’s prior written consent. Illustrations are protected by §72 German Copyright Act (UrhG). The rights of dissemination and reproduction are held by Henkel. The rights also remain in force in their entirety when images are automatically or manually added to an archive.
Henkel press photos may be used for editorial purposes only. Henkel press photos that are reproduced and/or electronically modified for editorial purposes must bear the copyright notice “© [Year] Henkel KGaA. All rights reserved”. Reprinting is free of charge, however, we request a copy for our files.
© 2008 Henkel KGaA, Düsseldorf. All rights reserved
2. Trademarks
The Henkel Oval logo, Henkel Oval logo “A Brand like a Friend”, Loctite, Teroson and all other product names and/or product get-ups on these pages are registered trademarks of Henkel KGaA, its subsidiaries, affiliates, licensors or joint venture partners. Any unauthorized use or abuse of these trademarks is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.
3. Disclaimer for Third Party Websites
a. The pages of this website contain links (i.e. “hyperlinks”) to other websites that are operated by third parties and whose contents are not known to Henkel. Henkel merely facilitates access to such websites and assumes no responsibility whatsoever for their contents. Our links to third party websites are merely intended to make navigating easier for you. Statements shown on linked pages are not made our own. We rather explicitly dissociate from any and all contents of any and all third party pages linked on the pages of our website. In particular, we do not assume any liability for any breaches of statutory provisions or infringements of third party rights that occur on such pages.
b. For websites to which hyperlinks are provided from the Henkel website, the owners of these websites are solely responsible for the content of these pages as well as for any sale of the products offered thereon and for the handling of any orders relating to the same.
c. Henkel does not assume any liability for any infringement of any copyrights, trademarks or other intellectual property or personality rights that occurs on a page accessed by a hyperlink.
d. In the event of an order or any other legal declaration in respect of a transaction, a contract is made solely between the user and the owner of the respective website or offering party or person presented therein, under no circumstances, however, between Henkel and the user. Please note the general business conditions of the respective supplier on the hyperlinked website.
4. General Disclaimer
Any liability of Henkel for damages arising out of the use of this website – irrespective of the legal cause, including tort – is limited to damages that are caused by intent or gross negligence. To the extent that there be a mandatory liability of Henkel as a result of a breach of material contractual duties, the total amount of any claim for damages is limited to the foreseeable damages. This shall not affect Henkel’s liability under applicable Product Liability law or under any warranties given. The aforesaid limitations of liability also do not apply in the event of harm to life, bodily injury or harm to health of a person. IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT HENKEL WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF DAKARADVENTURE.COM.
The content of this website is only for your general information and use and is not intended to address your particular requirements. In particular, it does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Henkel and is not intended to be relied upon by users. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) dakaradventure.com are at your sole risk and responsibility. Henkel is not responsible for any use of the Content by you outside its scope as stated in these terms and conditions. TO THE EXTENT ALLOWED BY APPLICABLE LAW, HENKEL HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT.
Henkel employs great efforts to keep Henkel websites free from viruses, however, we are unable to guarantee any absence of viruses. For this reason, we recommend that care be taken to assure adequate protection against viruses (e.g. using virus scanners) before downloading documents and data.
Henkel does not warrant any freedom from faults or errors of the services offered on the Henkel website nor their availability.
5. Forecasts and Declarations of Intent
Forward-looking statements on this Internet site have been made according to the best of our knowledge and belief. However, the results actually achieved by Henkel may differ greatly from these forward-looking statements, because they depend on a whole group of factors of a competitive and macroeconomic nature that are in some cases beyond the control of Henkel. Without prejudice to any legal obligations to amend forward-looking statements, Henkel has no intention of constantly updating all forward-looking statements contained in this website.
6. Henkel Products
The products shown on this Internet website are examples of the products available from companies of Henkel worldwide. Henkel does not warrant that a product shown is also available in your country. For a list of all the Henkel products available in your country, please go to the Henkel homepage for your country; direct access is provided on the homepage (www.henkel.com) under the heading “Henkel Worldwide”.
7. Discussion Forums
dakaradventure.com includes the functionality to post comments to blog entries (”Comments”). Henkel has the right, but not an obligation, to control the Comments. Henkel reserves the right (which it may exercise at its sole discretion without notice) to first review Comments and to decide whether Comments appear on dakaradventure.com or not. Henkel also reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Comments. You waive any intellectual property rights (including moral rights) that you may have in regard to the Comments.
You must comply with any rules posted by Henkel on a forum. You may not:
- submit any Comments that contain, openly or in disguised fashion, any form of advertising or promotion for goods and services or any chain Comments or “spam”;
- submit any Comments that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- disguise the origin of any Comment;
- impersonate any person or entity (including Henkel employees or forum guests or hosts) or misrepresent any affiliation with any person or entity;
- submit any Comments unrelated to the forum or the forum’s topic or dakaradventure.com;
- submit any Comments that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of dakaradventure.com or any other website, computer software or equipment;
- collect, store or otherwise “harvest” other users’ personal data;
- restrict or inhibit any other user from using dakaradventure.com.
You are solely responsible for the content of your Comments. By submitting Comments on dakaradventure.com you agree to indemnify Henkel from all claims, costs and expenses (including legal expenses) arising out of any Comments submitted by you that are in breach of these Terms of Use.
dakaradventure.com contains Comments submitted by users over whom Henkel has no control. Henkel cannot and does not guarantee the accuracy, integrity or quality of any Comments. Some users may breach these Terms of Use and submit Comments that are illegal, misleading, untrue or offensive, without Henkel being able to prevent this. Henkel disclaims any and all liability arising out of or in connection with such Comments. You must bear all risk associated with your use of the web page dakaradventure.com.
By submitting Comments to dakaradventure.com you are granting Henkel a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Comments in whole or in part and in any form or media. This may include personal information such as your name and your expressions of opinion. Henkel will not, however, publish your e-mail address. Henkel reserves the right to contact you by e-mail with regard to your use of the forums.
It is not possible for Henkel to fully and effectively monitor when Comments may infringe the copyright of a third party or other third party rights. If you believe that a Comment infringes any legal rights that you may have, you should notify Henkel immediately with specific details by contacting us at [<E-Mail>].
8. Miscellaneous
These Terms of Use are governed by and construed in accordance with the laws of the Federal Republic of Germany without regard to the UN Convention on Contracts for the International Sale of Goods the application of which Convention to these terms of use is hereby expressly excluded. To the extent permitted by applicable law, legal venue for all disputes relating to this website lies with Düsseldorf, Germany. Should any provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.
