Terms of Service
1. DEFINTION OF TERMS OF SERVICE
1.1 The use of the DEVELOP´s dstore and the contents and services offered are available only under the following Terms of Service. Upon accessing dstore or any of its subpages, the User agrees to the validity of the Terms of Service in its current version. Should the User disagree with an individual term or all Terms of Service, the use of dstore is to be discontinued.
1.2 Konica Minolta reserves the right to change or update these Terms of Service at any time without notice.
2. SERVICES OFFERED
Konica Minolta offers the contents and information on dstore for commercial purposes. Konica Minolta reserves the right to cease or restrict the operation of dstore and accepts no liability for permanent, uninterrupted or unaltered availability of dstore or any of its contents.
3. SCOPE OF USE
3.1 The contents and information of dstore are for the User's personal, non-commercial use and may not be downloaded, copied, modified, processed, publicly displayed or distributed for commercial use with the sole exception of those contents offered specifically for download and explicitly defined for this purpose. The latter contents are mainly the applications provided in the download section of dstore subject to the terms and conditions of the End User License Agreement.
3.2 The User may print out parts of dstore for personal use.
3.3 If in any case dstore includes offers directly aimed at companies or public enterprises, such companies or enterprises are represented by the User and must safequard that the User has appropriate knowledge and acts accordingly.
3.4 Konica Minolta explicitly declares the following:
3.4.1 text, images, graphics, sounds and the layout of dstore are copyright or propriety of Konica Minolta or otherwise protected by the laws of property;
3.4.2 the product names, brands and company names are trademarks or registered trademarks of their respective holders.
3.4.3 The contents of dstore as well as these Terms of Service may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way for any other purpose than that intended by Konica Minolta, unless Konica Minolta has given prior written consent.
3.4.4 Except for the rights expressly granted within these Terms of Service and the End User License Agreement no further express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights are granted to the User.
4. PASSWORD PROTECTION / REGISTRATION
4.1 The basic functionalities of dstore are password protected so that only registered Users are granted access. Konica Minolta reserves the right to alter any freely accessible page into a password protected page without prior notice.
4.2 For registration purposes the User is required to give accurate information and keep it up-to-date without undue delay. Konica Minolta reserves the right to deny registration to any User at its sole discretion as well as the right to deny access to registered Users or to delete any User accounts in any of the following cases, amongst others:
4.2.1 the User having used false registration data;
4.2.2 the User having violated these Terms of Service;
4.2.3 the User having violated any applicable laws in the course of or in connection to the use of dstore;
4.2.4 the User having posted improper - i.e. obscene, offending, violent, racist, sexual or the like - content in dstore´s Forum.
4.3 Konica Minolta will take no liability concerning the misuse of the User´s password by any unauthorized third party. It is in the User´s sole responsibility to ensure the confidentiality of his password, including e.g. the change of his password from time to time, the inaccessibility to any unauthorized third parties and the log-out after each session. If the User becomes aware of any misuse of the User data, the User itself or the respective company must inform Konica Minolta immediately in writing and/or via e-mail respectively. Konica Minolta will in such a case deny any access to dstore from the affected account until and unless being instructed otherwise by the User or the respective company in writing.
4.4 The User or the respective company may at any time request the termination of his registration in writing, provided that the proper performance of contractual relationships is not affected thereby.
5.1 Technical support will be provided free of charge solely in dstore´s Forum towards registered Users (the "Free-of-charge Support")
5.2 Konica Minolta will provide Free-of-charge Support only with regard to the installation and functionality of applications available on dstore. Technical questions regarding the implementation are not part of the Free-of-charge Support.
6. WARRANTY / LIABILITY
6.1 The dstore reflects the status of information and technology available at the time of publication. Konica Minolta will not be held responsible for the topicality, accuracy or completeness of the contents. Konica Minolta will also not guarantee that the content of dstore is appropriate for the purposes intended by the User.
6.2 Konica Minolta cannot guarantee that the web-based dstore is virus-free, despite using its best endeavours. The User shall therefore - when accessing dstore on his personal computer, notebook or other mobile device etc. - take the necessary steps to ensure appropriate security measures (e.g. use of a virus scanner).
6.3 Subject to the following, Konica Minolta and its employees will not be liable for any damages or disadvantages, of whatever nature, the User may experience during the use or in relation to the use of dstore and its subpages. In case of infringement of any of the fundamental obligations of this agreement, extent of liability is confined to typical, foreseeable contractual damages. This restriction is not valid in cases where Konica Minolta is fully liable under the governing laws, i.e. by intent or gross negligence, damage to life, health or personal injury from a breach of duty or liability according to the laws on product liability.
7. LINKS TO OTHER WEB PAGES
7.1 In some parts of dstore, there are hyperlinks to other web pages with additional information that might be of interest to the User. When clicking on the link to these web pages, the User leaves dstore.
7.2 Konica Minolta has no influence on the current or future contents of websites, which are under the control of third parties. Konica Minolta can therefore take no responsibility for the contents of such third party web pages. The use of such web pages shall be at the sole risk of the User. Konica Minolta is not liable unless Konica Minolta was aware of the illegal contents before setting the link.
8. USER OBLIGATIONS
The User of dstore is obliged, with each use of dstore or the services offered, to act in a lawful and ethical manner. The User is not entitled to use mechanisms, software or other routines, which could, in combination with dstore cause damage or disruption to dstore. This is also valid for any willful measures, which as a result, might cause an unreasonable load or strain on dstore's technical infrastructure.
9. DATA PROTECTION
10. CONFIDENTIAL INFORMATION
Konica Minolta does not want to receive confidential or proprietary information from the User through dstore. Therefore, all information or material sent to Konica Minolta shall be deemed not to be confidential. The User grants Konica Minolta an unrestricted and irrevocable license to use, copy, reproduce, transmit, distribute and create derivative works from concerned materials or information, e.g. being published in dstore´s Forum. The User also agrees that Konica Minolta may, subject to Article 9 of these Terms of Service, freely use any ideas, concepts, know-how or techniques submitted by the User through dstore for any purpose at Konica Minolta´s sole discretion.
11.1 German law is applicable for the use of dstore and the application of these Terms of Service. In cases where the customer is a merchant or a legal person under public law, or has no fixed court of jurisdiction, the court of jurisdiction shall be Hannover for all disputes relating to the use of dstore or these Terms of Service.
11.2 If any provision of these Terms of Service shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Service which shall remain in full force and effect.