Terms of use for www.cma-exportservice.com

1. Right of use
2. Use for business purposes and advertising
3. Special conditions for the CMA newsletter
4. Special conditions for the e-mail and e-card service
5. Special conditions for the SMS service
6. Special conditions for discussion forums
7. Code of conduct
8. Liability
9. Termination of use, modification of the conditions
10. Final provisions

1.1. In general the CMA website can be visited without a requirement to give any personal details, i.e. an anonymous use is possible.

1.2 For the use of a number of CMA online services such as for example the media catalogue, newsletters (Info Agent), the e-mail, e-card, SMS, and forum services, a registration as user is required. The obligatory fields in the registration forms must be filled in completely for this. The user is obliged to provide accurate user data and to communicate possible modifications on own initiative using the appropriate maintenance pages of the Info Agent. Furthermore, the user will ensure that his hardware or software or data provided by him does not disturb the functioning of our server and of our online services. If the user notices a malfunction, he will immediately report it by sending an e-mail to webmaster@CMA.de.

1.3 Every user must enter a user name and an e-mail address. In the course of the registration a password is generated automatically and sent to the user who is responsible of keeping it secret. Acts which are performed with the use of login names and passwords are considered as acts of the user. The CMA recommends that all registered users should replace the automatically generated password with a self-chosen password and change this password regularly.  If the user obtains knowledge that someone else makes unauthorised use of his access data for online services of the CMA for which registration is required, or that his personal data is used otherwise without authorisation, he shall immediately inform the CMA by sending an e-mail to webmaster@CMA.de.

2.1. The use for business purposes is inadmissible.

2.2 The online services of the CMA shall not be used for advertising purposes. Particularly the posting of commercial advertisements  and advertising by e-mail is prohibited.

3.1 By subscribing to the newsletter the user declares his consent to the regular delivery of the latest issue of the CMA newsletter.

3.2 At any time, the user can unsubscribe from the CMA newsletter using the Info Agent on the CMA website, or replace the chosen newsletter with a different one. Alternatively the user can contact the CMA by sending an e-mail to webmaster@CMA.de. If requested by the user, the CMA will inform him about possible modifications of his user data which he has requested.

4.1. The e-mail and e-card service is intended for private use. The use for business purposes is inadmissible.

4.2. The services mentioned are provided free of charge. However, the user bears the costs incurred for Internet use, in particular the costs charged by his access provider and the telephone charges.

4.3. The CMA can at any time discontinue the possibility to use the services for all users or for individual users without stating any reasons.

4.4. It is not permitted to use our e-mail service for
a) bulk e-mailing of messages with the same or largely the same content, particularly for advertising purposes;
b) sending unsolicited e-mails, provided that a consent to reception cannot be assumed under the circumstances (spamming);
d) sending data or software that is capable of disturbing the functioning of the hardware or software of the receiver or of leading to unwelcome data processing operations;
e) the offer, distribution or disclosure of contents if this is contrary to German law or to the law of the place of reception, and in particular liable to prosecution, morally harmful to youth, contrary to regulations or anticompetitive; this applies particularly to pornographic contents and glorification of violence;
f) processing personal data if the requirements of the data protection provisions in force in Germany and in the place of reception are not fulfilled;
g) the reproduction, distribution or other use of works protected by copyright (performing and visual arts, music, literature, software, etc.), provided that this use is not permitted according to the copyright law in force in Germany and in the place of reception.

4.5. The user is exclusively and solely responsible for the data and contents he transmits using our e-mail service, and indemnifies the CMA against all claims made by third parties which could result from such transmission. This applies particularly in case of failure to comply with article 7 mentioned below.

4.6. Claims for damages against the CMA or its assistants entrusted with the execution of tasks can only be asserted in case of intention or gross negligence of the CMA's bodies, staff or assistants. In case of an exceptional liability due to slight negligence, the CMA is only liable to the extent of damage that can normally be expected and foreseen in the circumstances, with a maximum of € 2,500 per case of damage.

7.1 The use of the CMA online services is only permitted in compliance with the legal provisions and with the CMA code of conduct.

7.2 It is prohibited to distribute or to set links to contents and/or statements which constitute an infringement of the legislation in force. This applies in particular to offensive, discriminating, or pornographic contents and glorification of violence, as well as criminal offences such as:
- dissemination of means of propaganda and symbols of unconstitutional organisations (sections 86, 86 a, German Penal Code (StGB));
- agitation of the people by means of dissemination of writings of unconstitutional organisations (section 130 StGB);
- disparagement of the state, of its organs and its symbols (section 90 ff. StGB);
- insult to representatives of foreign states and injury to their symbols (sections 103 ff. StGB);
- public incitement to crime and instructions to crimes (sections 111, 130 a StGB);
- dissemination of writings which express a glorification of violence (section 131 I StGB);
- rewarding and approving crimes (section 140 StGB);
- insulting of faiths and religious societies (section 166 StGB);- dissemination of pornographic writings (section 184 StGB);
- insult, malicious gossip and defamation (sections 185 ff. StGB);
- forbidden communications about non-public judicial hearings (section 353 d StGB);
- dissemination of youth-endangering writings (section 21, German law for the protection of the youth (GJS));
- unlawful exploitation of copyrighted works (section 106, German copyright law (UrhG));
- violation of the privilege as to one's own image (section 33, German law on arts copyright (KUG)).

Third party's contents may be protected by copyright. Therefore, the user may only distribute those contents for which he possesses the required rights.

7.3 Besides the legal provisions, the user shall comply with the following code of conduct of the CMA:
- The users shall treat each other with respect. The CMA services shall not be abused to harass, threaten, mislead, or damage other users or third parties.
- Activities the purpose of which is to sabotage or at least impede the CMA services are prohibited. These activities also include measures that can influence the physical and logical structure of the online services used.
- The user shall check all the contents which he posts to the CMA services for viruses by means of an up-to-date antivirus software.
- It is prohibited to feed in contents which enable the unauthorised access of third parties to the CMA services.

8.1 The CMA is not liable for contents and activities of the users. These contents also include links set by users to web pages that are part of the CMA services. The CMA performs an editorial check of the contents in the discussion forums. For all the other CMA services, no corresponding check of the contributions or contents of the messages is carried out, neither before nor after the distribution by means of these services. The user is solely responsible for the content of the unchecked messages, and indemnifies the CMA against all liability claims resulting thereof.

8.2 The CMA online services are placed at the users' disposal free of charge for a use in the framework of the present conditions. Therefore, the CMA and/or its assistants entrusted with the execution of tasks and/or representatives do not assume any liability or give any warranty of the operational ability of the services. This provision shall be without prejudice to the legal liability.

8.3 Notably the CMA does not give any warranty of the permanent availability of its services, particularly that the services established are permanently active and/or faultless, as well as free of viruses and other damaging components.

8.4 In general, the CMA does not use any specially secured connections (SSL encryption) for data transmission, but only normal HTTP connections and e-mails. In principal, it is therefore possible that the data is spied out. If user data is spied out at a hacker attack, or in case of other malfunctions or disturbances caused by hacker attacks, the CMA shall only be liable in case of intention or gross negligence. As far as security loopholes in the system are exploited for hacker attacks, the CMA shall only be liable in case that it failed culpably or by gross negligence to eliminate this security loophole in a reasonable period of time after obtaining knowledge of it.

9.1 If the CMA obtains knowledge of an infringement of the present terms of use, the CMA is entitled and, due to its liability according to article 5 of the German law on the use of teleservices (Teledienstgesetz, TDG), also obliged to exclude the user involved and to delete illegal and irregular contents without prior notice.

9.2 The CMA is entitled to cancel the registration of the user without prior notice, to suspend him from a renewal of his registration, and to delete the contents the user made use of and/or the contents addressed to him.

9.3 Furthermore, the CMA is entitled to modify the CMA services and the present terms of use at any time and without special notification of the users. It is incumbent on the user to review the conditions with respect to a possible updating. By continuing the use after an updating, the user declares his consent to the modifications.

10.1 The courts of Bonn shall have jurisdiction to settle any dispute with businesspersons, legal persons governed by public law or special funds governed by public law. Otherwise the legal provisions apply.

10.2 The present contract terms are governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.