imprint and terms of use
1. General termns & Conditions
Any use of the website appearing at URL www.endomicroscopy.info and all associated sites linked to at www.endomicroscopy.info (referred to as the "website") is subject to these Terms of Use. You are treated as accepting these by using the website and therefore you should read them carefully. These Terms of Use and the Privacy Policy together form one agreement and references to "Terms and Conditions" mean that agreement, incorporating both documents. The website is owned and operated by:
PENTAX Europe GmbH
Julius-Vosseler-Straße 104
D- 22527 Hamburg
Phone +49 (0)40-561920
Telefax +49 (0)40-566475
Geschäftsführer: Heinrich Lüdemann
Gerichtsstand Hamburg
HRB 20285 VAT:DE118587668
St.-Nr. 054/838/00780
PENTAX is a registered trademark of HOYA Corporation.
(referred to in the Terms and Conditions as "PENTAX", "us" or "we")
PENTAX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, PENTAX grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
2. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to PENTAX, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without PENTAX’s express prior written consent.
You may use information on PENTAX products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by PENTAX for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
3. Terms of Use
You may:
a) browse the website (including making transient or cached copies of parts of the website to the extent this occurs in the normal course of using your browser); and
b) print a copy of any page of the website provided you do not alter or remove any copyright, trade mark or other intellectual property rights notices;
c) for your own lawful, personal, non-commercial purposes provided you do not do any of the things listed below in this section 3.
You must not:
d) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software or services contained within the website (except to the extent expressly permitted under (a) or (b) above);
e) use the website or any of its content for any commercial purpose, including any advertising or advertising revenue generation activity on another website;
f) include any links to the website on another website;
g) use the website or anything available on it for unlawful purposes; or
h) hack into the website or any related computer system, make excessive traffic demands on the website, use in relation to the website any software robots, spiders, crawlers, or similar data gathering and/or extraction tools, introduce viruses or otherwise engage in any other activity that may reasonably be expected to
a. impose an unreasonable burden or load on our infrastructure;
b. inhibit other users from using and/or enjoying the website or any other website; or
c. damage the reputation of PENTAX.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from (i) any third party claim, action, or demand resulting from your use of the website or from (ii) any breach by you (or by someone else to whom you have disclosed your password) of paragraphs (c) to (h) of this section 3.
We reserve the right to terminate or suspend your right to use the website at any time.
4. Links
The website may contain links to or from other websites. We are not responsible for the content appearing on, products or services available via, or the privacy or other practices used by, other websites.
5. Privacy and personal information
The privacy of your personal information is important to us. We only use personal information about you collected via the website in accordance with our Privacy Policy and by providing personal information on this site you agree to allow us to use it in accordance with that policy. We encourage you to read the privacy policies of other websites you link to from the website, or which you otherwise visit.
In the event that PENTAX undergoes reorganisation or is sold to another business, you agree that any personal information PENTAX holds about you may be transferred to the reorganised business or buyer.
6. Password
You may be issued with an individual password when registering (where registration is required) on the website. You must:
a) use the password only for access to the applicable pages of the website and not for any other purpose;
b) keep your password confidential at all times, not disclose the password or permit anyone else to use your password (any breach of any of the Terms and Conditions by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under the Terms and Conditions); and
c) cease to use, and delete from your records, your password upon expiry or termination of your membership for whatever reason.
We reserve the right to change or withdraw your password and user name at any time and you agree to notify us promptly of any changes to your registration details.
7. Liability
Use of the website is provided free of charge (other than your normal internet connectivity charges) and you acknowledge that you access the site solely at your own risk on an "as is" and "as available" basis and that:
a) PENTAX makes no representations about the materials or information contained on the website;
b) PENTAX reserves the right to deny you access to the site;
c) PENTAX is not responsible or liable if the site does not work properly, or at all; and shall not in any event be responsible for business losses such as lost data, lost profits or business interruption.
d) except as expressly set out in these Terms and Conditions, PENTAX does not enter into conditions, warranties or other terms in relation to the website.
We try to make sure that all information contained on the website is correct, but we cannot and do not accept any liability for any error or omission and will not be liable for any action you may take as a result of relying on any information provided in the website.
We may suspend the operation of the website for maintenance or upgrade work from time to time and your access to and use of the website will not be uninterrupted or error free.
8. General and governing law
We may change the Terms and Conditions from time to time and will endeavour to notify you of any major changes by posting a message on the website. However, by accessing the website you are accepting that you are bound by the current version of the Terms and Conditions and therefore you should check these each time you revisit the website.
The Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter covered by them. If any provision is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms and Conditions without losing them. You agree that we may assign these Terms and Conditions or any of our rights or obligations without giving you notice.
We shall not be liable to any third party in respect of your use of (or inability to use) the website.
Copyright (c) 2009 PENTAX Europe GmbH. All rights reserved.
These Terms of Use are effective September 1, 2009.