The Biomac Foundation

Terms of Use 1. General Provisions and Scope

1.1 The Biomac Foundation (BIOMAC) is the sole owner of the website <www.biomacfoundation.org> ("Website"). By using the Website, you agree to be bound by these Terms of Use. BIOMAC may change these Terms of Use from time to time. Please periodically visit this section of the Website and review the current version of the Terms of Use. If you do not agree to these changes, please do not use the Website anymore.

1.2 BIOMAC reserves the right to restrict or to terminate your access to the Website or to a specific feature of the Website, if you violate the rights of BIOMAC (see point 4. below), if you use the Website against the provisions set forth in these Terms of Use or if you use the Website in order to make announcements of criminal relevance or to announce illegal actions. In case of particularly severe infringements BIOMAC may terminate or restrict your access to the Website or to a specific feature of the Website at any time without prior notice.

1.3 BIOMAC or companies affiliated with BIOMAC may operate other Websites containing other terms of use which can be found on the respective Websites.

1.4 In order to be able to use the restricted access area you will receive an authorisation code from BIOMAC, which has to be stored carefully and kept confidential. In case of improper use or storage as well as in case of a violation of these Terms of Use BIOMAC is entitled to terminate the access immediately and without any further explanation. You are responsible for maintaining the confidentiality of your access code and agree to be liable for all damages arising in connection with the unauthorised use, the disclosure or the loss of such access code until BIOMAC has received a notification of such event.

2. Operation of the Website

2.1 BIOMAC services the Website regularly and endeavours to provide the services as trouble-free as possible. BIOMAC shall not be liable if the Website can nevertheless temporarily not or not fully be accessed due to technical breakdowns.

2.2 BIOMAC is entitled to improve or amend the existing technology or to change to another technology at any time irrespective of the general technological developments and without giving reasons.

3. Content of the Website

3.1 All information contained on the website are investigated and updated to the best of our knowledge. BIOMAC does not warrant or guarantee the up-to-dateness, correctness, completeness or quality of the contents provided on the Website. Furthermore, BIOMAC expressly points out that in case of direct or indirect links to other websites (hyperlinks) BIOMAC is not responsible for the external contents of such websites and has thus no influence on the contents and the design of such linked websites. Therefore, BIOMAC shall not be liable for the contents of such websites.

3.3 You are not allowed to link the Website by framing, deep-links or hyperlinks.

3.4 BIOMAC expressly reserves the right to modify the contents of the Website including the Terms of Use at any time without prior notice.

4. Intellectual Property

4.1 The contents of the Website, especially the trademarks, designs, logos, texts, pictures, audio and video contents as well as software are intellectual property of BIOMAC and are protected inter alia by Copyright and Trademark Law. You are not allowed to delete copyright references or other references to the intellectual property of BIOMAC, to publish, to copy, to distribute, to transfer online or offline, to make available to send or to otherwise use the contents for public or commercial purposes without the prior written approval by BIOMAC.

4.2 You are allowed to print the contents of the Website or to have them printed by a third person if such contents are solely used for private and neither for direct nor for indirect commercial purposes and if you do not delete copyright references or other references to the intellectual property of BIOMAC. In all other cases the use of content is subject to the prior written approval by BIOMAC.

5. User Content

5.1 You hereby grant BIOMAC the unrestricted (in respect of time, territory and content), irrevocable and exclusive right to use all contents that you submit to BIOMAC or that you upload to the Website free of charge. This granting of rights particularly covers

• the right to use such content in the course of trade on image or data carriers as well as in own or third party's print media,
• the right to exploit and evaluate such contents in digital online and offline media,
• the right to use your contents in analogue and/or digital electronic databases, data networks and telephone services or other similar multimedia services,
• the right to amend your contents if necessary.

5.2 BIOMAC is entitled to grant sublicenses.

6. Warranties / Liability

6.1 You may use this Website at your own risk. BIOMAC shall not be liable for any damages incurred by the use or the impossibility to use the Website, unless BIOMAC has acted in gross negligence or intent or has infringed a guaranteed feature.

6.2 You hereby acknowledge that you are aware that technical breakdowns or malfunctions may arise and that the Website may not be available from time to time due to technical reasons. BIOMAC does not warrant or guarantee that no viruses are transferred via the Website, except for gross negligence or intentional behaviour by BIOMAC.

6.3 If BIOMAC provides an opportunity to third persons to make statements via the Website, BIOMAC shall not be liable for the contents and the correctness of such statements. BIOMAC shall only be liable for third person's contents if BIOMAC is aware of such contents and if it is technically possible and reasonable to prevent such use.

6.4 If other websites can be accessed by hyperlinks provided on the Website, BIOMAC shall not be liable for the contents and the operability of such websites. Such hyperlinks are provided by courtesy of BIOMAC without any legal obligation. If you access and use such websites of third parties, such use shall be at your own risk.

7. Indemnification

7.1 You agree to indemnify, hold harmless and defend BIOMAC from and against any claims by third persons including all indirect and consequential damages, costs and expenses, arising from or related to the unauthorised use of the Website, the transmission of information to this Website, the infringement of rights of third parties and/or to the violation of these Terms of Use.

7.2 You agree to refrain from transmitting or providing any pornographic, obscene, libellous, defamatory or otherwise illegal material by using this Website.

8. Data Protection/Privacy

8.1 BIOMAC takes care for the compliance with the applicable data protection laws and will not transfer your data to third parties unless your consent has been given or any other statutory authorisation is applicable. You may visit the Website while remaining anonymous and not revealing any personal information; only the use of the restricted access area requires the disclosure of personal data. However, in such case BIOMAC will separately request your consent.

8.2 BIOMAC collects and processes (temporarily) the information as permissible by law, inter alia the IP address, via which you have accessed the Website, date and time of your access to the Website. Such information will be used to count the number of visitors of the different sections of this Website and to arrange this Website in a user-friendly way. BIOMAC will collect, store and process the personal data according to the statutory provisions of the Data Protection Law, the Telecommunications Law as well as other applicable data protection provisions.

8.3 If you have consented to the processing of data, your data will be used by BIOMAC solely for the purposes covered by the consent given by you. You may withdraw your consent via BIOMAC at any time. In such case BIOMAC will immediately cease from processing your data.

9. Miscellaneous

9.1 All relations between you and BIOMAC, including also these terms of use, are governed by the laws of the United States of America (USA) excluding the application of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

9.2 All disputes arising from or in connection with the use of this Website shall be referred to the court having subject-matter jurisdiction for commercial matters for the city of Los Angeles, California USA. However, this does not affect any consumer rights which you may have under local laws.

9.3 Other parts of the Website may contain further terms of use, which may be applicable to the use of the Website together with these Terms of Use.

9.4 BIOMAC does not make any claim and does not guarantee that the contents of this Website can be downloaded from abroad. If you access the Website from outside of the USA, such access is at your own risk and you hereby agree to comply with the applicable laws. References to a particular product or a particular service do not indicate that BIOMAC intends to provide such products or services to all countries.

9.5 In case one or more of the provisions contained in these Terms of Use should be or become fully or in part invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in these Terms of Use shall not in any way be affected or impaired thereby. Provisions which are fully or in part invalid, illegal, or unenforceable shall be replaced by a provision which best meets the purpose of the replaced provision.

9.6 Any amendments of or additions to these Terms of Use shall be in writing in order to be effective. This also applies to the change or the amendment of this formal requirement. No other oral agreements has been concluded.

©2009 The Biomac Foundation

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