TERMS OF USE

1    Scope of the Agreement, Terms for Services
1.1    All current or future services provided by [Clarion] through its ClarionMiND Internet portal (“Services”) are subject to the terms of use set out hereinafter (“Terms of Use”). The Terms of Use do also comprise Clarion’ s Membership Policy and Privacy Policy which can be viewed by clicking the respective footer of the page at http://my.clarion.com/en-xe/html/home . Please read the Terms of Use, including Clarion’s Membership Policy and Privacy Policy carefully before registering for the use of the Services. If you do not agree to the Terms of Use you are not authorised to use the Services.
1.2    “Member” means any Consumer or Entrepreneur registered for services.
1.3    “Consumer” means any customer to the extent that the Services are not used for the purpose of his trade, business of profession.
1.4    “Entrepreneur” means any customer to the extent that the Services are used for the purpose of his trade, business or profession.
1.5    Divergent general terms employed by a Member will not be applied, unless Clarion agrees to their application in writing. Amendments and collateral Agreements to the Terms of Use require and are only valid in written form.
2    Territorial application
The Services are designed for the use within Europe and are provided on the basis of local law.
3    Fees
Clarion currently permits registration without charge. Fees are imposed for certain services as reflected in their terms of use or as otherwise noted. Clarion reserves the right to impose a fee on services which are currently provided without charge.
4    Registration
4.1    The use of the Services and the ClarionMiND Internet portal require the registration of an individual as a Member. Such registration constitutes a legal agreement between Clarion and the Member governing the Services as well as the use of the ClarionMiND Internet portal.
4.2    An Individual registers for the services and becomes a Member by following the procedures specified by Clarion on the relevant pages and entering the required information. Each Member agrees that all information the Member provides to Clarion during the registration process will be accurate and complete. The Member agrees to promptly inform Clarion of any relevant change in this information in accordance with procedures as specified by Clarion.
4.3    With registration the Member chooses a membership name and a password. The membership name may not consist of an e-mail address or internet domain name, nor may the name violate third party rights (e.g. intellectual property law).
4.4    The individual registering for the services must be at least 18 years of age.
4.5    Only one person may register as a Member for any single product unit of ClarionMiND.
4.6    A Member’s rights under the Terms of Use may not be assigned in whole or in part to a third party without the express consent of Clarion.
4.7    The Member is solely responsible for maintaining the confidentiality of his or her log on information and password. Members are obligated to inform Clarion of any facts which indicate the misuse of the membership account by a third party.
4.8    The Member is responsible and liable for any activities that occur under the Member’ s ID. If the Member is not responsible for the misuse of his or her membership account, because no breach of duty has occurred, the member shall not be liable.
5    Termination of Registration
5.1    Clarion may terminate for cause with immediate effect an individual’s status as a Member and suspend providing Services in whole or in part (including the deletion of the account of the Member and the information associated with the account) if
(a)    the information provided by the Member during the process of registration is incomplete, contains false or erroneous information or lacks the necessary information,
(b)    the Member is impersonating another person or otherwise misrepresents the Members’ true identity,
(c)    the Member abuses the registration to breach law or uploads harmful software (e.g. viruses) to the ClarionMiND Internet portal,
(d)    the Member is in default with payments for or in connection with the supply of the Services and the use of the ClarionMiND Internet portal,
(e)    the Member is in a relevant breach of the Terms of Use or other contractual or legal obligations in connection with the supply of the Services and the use of the ClarionMiND Internet portal,
(f)    the Member does not log on for a considerable period of time,
(g)    the Member assigns his membership account to a third party without the express consent of Clarion.
5.2    Clarion may also terminate at its sole discretion an individual’s status as a Member and suspend providing Services in whole or in part (including the deletion of the account of the Member and the information associated with the account) at any time with [two weeks] notice to the end of the respective calendar month. The right to terminate the status as a member remains unaffected.
5.3    A Member may terminate this agreement at any time by e-mail to Clarion. Upon receipt of the termination notice, Clarion will terminate the services for the applicable Member and shall delete or disable all information associated with the Member’ s account.
6    Changes to services
Without any prior notice to the Member, Clarion may from time to time make additions and changes to the various Services offered to the extent that the changes reflect technical improvements or updates. Clarion shall have no liability for any damage or claimed damage to the Member by reason of additions or changes to, or partial deletion of, the Services as described hereinbefore.
7    Delay, Suspension and/or Discontinuation of Services
Without prior notice to the Member, Clarion may delay, suspend or discontinue the Services for any appropriate technical reason such as scheduled or unscheduled maintenance, system failure without fault on part of Clarion and the requirements of applicable laws or regulations. Clarion shall not be liable to the Member by reason of there aforementioned delay, suspension or discontinuation of Services.
8    Termination of services
Clarion may cease to supply whole or part of the services notice given to the Members. The notice may be given through publication at one or more places in the Services or by e-mail to the members at their addresses registered with Clarion. Clarion shall not be liable to any damage, loss, lost profit caused by or in connection with the termination of the Services for any reason whatsoever.
9    Prohibited conduct
The Member expressly agrees to refrain from doing, either personally or through an agent, any of the following:
9.1    Use any device or other means to harvest information about other Members.
9.2    Transmit, install, upload or otherwise transfer any virus or other item or process to the Services that in any way affects the use, enjoyment, or performance of the Services.
9.3    Transmit, install, upload, or otherwise transfer any virus or other item to the Services that in any way affects the use, enjoyment or service of any Member’s or Clarion employee’s computer or other medium used to access the Services.
9.4    Post or store on the Services any content or material that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights).
9.5    Modify the information, including headers, found on the Services.
9.6    Transmit, install, upload, or otherwise transfer to the Services any unauthorized advertisement or communication.
9.7    Use the Services for any unlawful, defamatory means or criminal means.
9.8    Transmit, install, upload, post or otherwise transfer any information in violation of any applicable laws or post any information that could result in civil unrest.
10    Links
The ClarionMiND Internet portal contains hyperlinks to websites of third parties. Clarion has no influence on their content and does not in any way adopt the content of linked websites or is any way liable. The content of third party websites is the sole responsibility of the respective content provider. Illegal content of linked third party websites is not detectable for Clarion. The Members will inform Clarion immediately, upon becoming aware of illegal content of a website linked with the ClarionMiND Internet portal. Clarion will terminate any link to a site with illegal content immediately. This policy applies to all sites linked to the ClarionMiND Internet portal.
11    Copyright Protection
Content, design and structure of the ClarionMiND Internet portal are protected by copyright law and we expressly reserve these rights. Any reproduction or alteration or use requires Clarion‘ s express written consent, if the measure is not free of a consent requirement according the applicable copyright protection laws. Downloads and copy of the clarion site are only permissible for private, nor for commercial use. Members may mirror, frame or set links to the ClarionMiND Internet portal only with the prior written consent of Clarion.
12    Liability, Damages
12.1    Clarion shall be unrestrictedly liable for losses caused intentionally or with severe negligence by Clarion, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance.
12.2    Clarion shall be unrestrictedly liable for death, personal injury or damages to health caused by the intent or negligence of Clarion, its legal representative or assistants in performance.
12.3    Clarion shall be liable for losses caused by the breach of its primary obligations by Clarion, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the agreement, which are decisive for the conclusion of the agreement and on the performance of which the Member may rely. If Clarion breaches its primary obligations through simple negligence, Clarion’s liability for the breach of such primary obligations shall be limited to the amount which was foreseeable by Clarion at the time the respective Service was performed.
12.4    Any further liability of Clarion is excluded to the extent legally permissible.
12.5    The hereinbefore listed limitations of liability do not apply to claims based on product liability.
13    Indemnification
The Member undertakes to indemnify and hold harmless Clarion from all losses, damages and costs resulting from or arising out of the Member´ s use or misuse of the ClarionMiND Internet portal or the information provided therein or any violation by the Member of these Terms of Use. The Member is obligated to provide Clarion with all information necessary for the assessment of claims and the defence against claims asserted by third parties arising from or in connection with the Member´ s use or misuse of the ClarionMiND Internet portal or the information provided therein or any violation by the Member of these Terms of Use.
14    Data Protection, Privacy Policy
14.1    Clarion collects, processes and transfers all personal data in relation with this agreement according to statutory law. The Member’ s consent to Clarion’ s privacy policy (please refer to http://my.clarion.com/en-xe/html/privacypolicy) is a necessary precondition for the use of the Services. Without the express consent of the Member, Clarion shall process inventory data and usage data only to the extent necessary for the legal agreement governing the use of the ClarionMiND Internet Portal and the Services.
14.2    The Member may under https://my.clarion.com/en-xe/html/account at any time review the data saved by Clarion related to his person, the data’ s origin and recipient as well as its purpose. In case of any question, please contact our data protection officer (ClarionMiND, Clarion Europe SAS, 18 rue Grange Dame Rose, 78140 Velizy Villacoublay, France. E-mail: clarionmind_pp[at]clarion.fr. Tel.: +33 1 39 45 19 20).
15    Miscellaneous
Clarion reserves the right to change the Terms of Use at any time at its sole discretion. The amended Terms of Use will be sent to the Members via e-mail two weeks prior to their coming into force at the latest. If a Member does not object to the new terms and conditions within six weeks after the receipt of the e-mail, the amended Terms of Use are deemed to be accepted. Clarion will notify the Members of the fact that in the event that the Member does not object to the amendment, this amendment will become effective if the Member continues to use the Services.
16    Contact with this “terms of use”
Clarion Europa GmbH
Hessenring 19-21
D-64546 Mörfelden-Walldorf
Tel: +49-6105-977-0
Fax: +49-6105-977-399
web: www.clarion.com
Email: info@clarion.de
Managing Directors: Otani, Takashi; Omachi, Hideo
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