| Terms of Use
The following Terms of Use for the Rose Displays, Ltd. Web Site (the ³Web
Site²) are terms of a legal agreement between you and Brügmann Asia GmbH &
Co KG Dpt. Rose Displays Europe (³Rose Displays² or ³we²). Your access to
and use of the Web Site is subject to your compliance with all applicable
laws and the following terms and conditions. By browsing this Web Site, you
accept these Terms of Use without limitation or qualification. If you are
using this Web Site on behalf of your employer, you represent that you are
authorized to accept these terms and conditions on your employer's behalf.
This Agreement shall automatically terminate upon your failure to comply
with its terms.
1. USER ELIGIBILITY. You must be eighteen (18) or over to use the Web Site.
2. MODIFICATION OF TERMS OF USE AND WEB SITE. Rose Displays may revise and
update these Terms of Use at any time without notice to you. Your continued
usage of the Web Site after any changes to these Terms of Use will mean that
you accept those changes. Rose Displays also may change, supplement, delete
or update any aspect of the Web Site and establish or change general
practices and limits concerning Rose Displays products and services in its
sole discretion, without notice to you.
3. SALES SUPPORT. When you speak with our sales support specialists through
our ³Ask an Expert² service, they rely on the information you provide. We
will not be responsible for any problems or damages that may result if you
give us inaccurate, incomplete or misleading information. We also recommend
that you read the ³Product Literature,² including our ³Product Sheets², that
is available on the Web Site before you order or speak with a sales
specialist.
4. ORDERING, SHIPPING, AND RETURNS. You can find information about payment,
prices, shipping and handling charges, delivery defects, and returns in our
Return Policy. You should review carefully each order that you place on line
before clicking on the ³submit² button, and you should print out and keep a
copy of each order. Any errors or omissions made by a third-party shipper
shall be the sole responsibility of such shipper and not of Rose Displays
and Rose Displays shall have no obligation to become involved in any dispute
between you and any third-party shipper.
5. OWNERSHIP OF CONTENT ON THE WEB SITE
a. Copyright. Rose Displays and/or others own the copyright and other
proprietary rights in all information, data, text, software, music, audio,
photographs, graphics, video, messages, software or other materials
("Content") displayed on or contained in this Web Site. You may download,
display, print out and distribute copies of the Content contained on this
Web Site, solely for your own non-commercial use or for your organization¹s
internal use. You may not make any other use of Content contained on this
Web Site -- including without limitation, reproduce, distribute, modify,
adapt or republish any Content or ³frame² or ³mirror² any Content displayed
on or contained in the Web Site -- without the prior written consent of Rose
Displays. You also may not delete or modify any copyright and other
proprietary notices that appear on or in connection with any Content.
b. Trademarks. The trademarks, service marks, and logos displayed on this
Web Site are registered and common-law trademarks of Rose Displays and
others. You may not use any trademark displayed on the Web Site without the
prior written consent of the trademark owner. If you want to ask about using
any trademark displayed on this Web Site, please call +49 (0)2331 95980.
6. CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that copyrighted
material that you own has been posted on the Web Site without your
permission, please provide the following information to our Copyright Agent
at Rose Displays, an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
the Web Site; your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and a
statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
7. LINKED SITES. We provide links to Web sites of our distributors in other
countries, and links to the Web sites of some customers whose stores are
depicted in our ³Inspirations² section, solely for your information and
convenience. We do not control any of those linked Web sites, we may not
have reviewed them, and we make no representations or warranties and assume
no responsibility for anything that may happen through your use of any
linked Web site. You should read carefully the terms of use of any other Web
site that you may use.
8. POSTING OF CONTENT. Any communication or material (³Material²) you post
to this Web Site will be treated as non-confidential and non-proprietary,
and Rose Displays or its affiliates may disseminate or use such Material for
any purpose whatsoever, including developing, manufacturing or marketing
products or services. You may not post any unlawful, libelous, defamatory,
inflammatory, threatening, pornographic, profane, or scandalous Material or
other Material that may give rise to civil or criminal liability or
otherwise violate any applicable law.
9. OTHER PROHIBITED CONDUCT. You may not disguise the origin of information
transmitted through the Web Site, place false or misleading information on
the Web Site, or input or upload to the Web Site any information which
contains viruses, Trojan horses, worms, time bombs or other computer
programming routines that reasonably can be anticipated to damage, or
interfere with the Web Site or any of the information on the Web Site or any
copyrights, trademarks or other proprietary rights of Rose Displays or any
party whose copyrights or trademarks are displayed on the Web Site. You may
not, nor may you allow others to, directly or indirectly, attempt or
actually disrupt, impair or interfere with, alter or modify the Web Site or
any Content in any other ways, nor may you directly, or indirectly, collect
or attempt to collect any information about others, including account
information, or allow others to do so.
10. PRIVACY. All personal data such as your name, address, telephone number
or e-mail address that you transmit to this Web Site by filling in a form,
sending an e-mail, or otherwise, will be handled in accordance with our
Online Privacy Policy.
11. DISCLAIMER OF WARRANTIES. ROSE DISPLAYS EXPRESSLY DISCLAIMS ANY WARRANTY
THAT THE FUNCTIONS IN ANY MATERIALS CONTAINED IN THIS WEB SITE OR ANY LINKED
WEB SITE WILL BE FREE OF ERRORS, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT
THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE, OR ANY LINKED WEB
SITE, AVAILABLE ARE OR WILL BE FREE FROM VIRUSES AND THE LIKE OR WILL
OPERATE IN YOUR PROCESSING ENVIRONMENT OR WILL BE AVAILABLE 24/7. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROSE DISPLAYS SHALL NOT BE
LIABLE TO ANYONE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE,
TYPOGRAPHICAL OR OTHER ERROR OR OMISSION IN OR RELATING TO THIS WEB SITE OR
ITS CONTENTS OR RELATING TO ANY LINKED WEB SITE OR THE CONTENTS OF SUCH
LINKED WEB SITE, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING
THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEB SITE
AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE.
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL ROSE DISPLAYS OR ITS SUPPLIERS BE LIABLE TO ANY PARTY
FOR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, BUSINESS
INTERRUPTION, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, FAILURE TO
MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), CLAIMS OF
THIRD PARTIES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A
CONTRACT, NEGLIGENCE, OR TORT ACTION, IN CONNECTION WITH USE OF THIS WEB
SITE OR ANY LINKED WEB SITE, EVEN IF ROSE DISPLAYS OR ITS SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW,
THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE
LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
13. Indemnity. You will indemnify Rose Displays and hold us, our affiliates,
officers, agents, and employees harmless from any loss, liability, claim,
demand, fees and expenses, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the Web Site.
14. GOVERNING LAW, JURISDICTION, TIME LIMIT ON CLAIMS. Any dispute that you
may have with Rose Displays will be governed by the laws of the Federal
Republic of Germany without regard to its conflicts of law provisions. Those
who choose to access this Site from outside of Germany do so on their own
initiative and are responsible for compliance with local laws. You hereby
submit to personal jurisdiction by and venue in the state and federal courts
of the Federal Republic of Germany, City of Hagen. Regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Web Site must be filed within one (1) year after such
claim or cause of action arose or it will be forever barred.
15. ADDITIONAL TERMS. Our failure to exercise or enforce any right or
provision of the Terms of Use shall not constitute a waiver of such right or
provision. If any provision within these Terms of Use is held to be invalid
or unenforceable, such provision shall be struck and all remaining
provisions shall be enforced. |