2. Eligibility to Use «Dino Mignon»
2.1 – The registration is exclusively provided to entrepreneurs (Manufactures, Sale Representatives & Retailers)
2.2 – User may not use or register to use «Dino Mignon» for the duration of a suspension if User has been suspended from the Service by «Dino Mignon» or if User has been terminated from the Service by «Dino Mignon».
3. Subject Matter of the Service
3.1 – The scope of the Services and its respective conditions of performance are specified on Plans and Pricing. Which is part of the Agreement?
3.2 – The User may via Plans and Pricing. Upgrade certain Services at any time. The provision of the upgraded Paid Service and the corresponding Payment Plan Period (as defined in Sec. 7.1) for the upgraded Service starts as soon as the validation for payment of the first payable Payment Plan Period has been made.
3.3 – The User may at any time via Plans and Pricing. Cancel or downgrade any Paid Service individually. The cancellation/downgrade will be effective as of the expiration of the current Payment Plan Period (as defined in Sec. 7.1) of the Paid Service to be canceled /downgraded.
4. User Account
4.1 – User is provided with a login ID and corresponding self selected account password (hereinafter referred to as Login Information) to access the Services
4.2 – User will ensure that the Login Information is kept strictly confidential at all times in order to ensure that unauthorized individuals cannot access the Services. User will bind his employees accordingly in order to ensure that only designated personnel authorized by the User will use the Login Information to access and use the Services. User shall modify its Login Information immediately in case that an unauthorized person has access to its Login Information.
4.3 – User is responsible and liable for all activities occurring under User’s Login Information, whether or not authorized by User, except for damages caused by any gross negligent or intentional conduct of «Dino Mignon».
4.4 – User can delete its User Account at any time by accessing the profile settings. User is solely responsible for the correct cancellation. A telephone request or e-mail from User to cancel the User Account will not be considered a correct cancellation. Upon cancellation of User Account, all content of the Secure Showroom(s) (as described on Plans and Pricing.) provided by User will be automatically and irretrievably deleted by «Dino Mignon» except data .«Dino Mignon» is obligated to store for a certain period of time in accordance with applicable laws and regulations.
5. Access to the Services
In order to access and interact with the respective Service, User must be able to operate and maintain the necessary software and hardware, including, without limitation, web browser software and appropriate communications infrastructure. User acknowledges that the technical access requirements for using the Services are in its sole responsibility. «Dino Mignon» is in no way responsible or liable for User’s access to the internet, including without limitation any connection speed issues, bandwidth or latency-related problems that may affect User’s ability to access and use the respective Service.
6. Scope of Dino Mignon’s Liability
«Dino Mignon» will take measures to ensure a high availability of its servers. However, it is not possible to guarantee an uninterrupted availability. «Dino Mignon» will not be liable for any damages resulting from server downtime which is necessary to maintain the servers and their functionality.
6.2 – «Dino Mignon» does provide the Free Services, “as is”. «Dino Mignon», therefore, does not assume any further liability.
6.3 – «Dino Mignon» does not ensure the correctness of the information posted by other Users and/or third parties on «Dino Mignon». «Dino Mignon» does not endeavor to check whether the information is current, accurate and complete or fulfill any requirements imposed by law or any professional body.
6.4 – For the avoidance of doubt, «Dino Mignon» shall be not liable for fatal or physical injuries, damage to health and in accordance with the regulations of the law on product liability in the case of deliberate acts or gross negligence.
6.5 – If a fundamental contractual obligation (key obligation, i.e. the provision of Paid Services) has been breached due to slight negligence on behalf of «Dino Mignon», «Dino Mignon» is only liable where and insofar the losses incurred are foreseeable and typical within the context of the business in question.
6.6 – Without prejudice to Sec. 6.4 and 6.5, «Dino Mignon» shall not be liable for more extensive losses. In particular, «Dino Mignon» shall not be liable for initial defects.
6.7 – Liability for loss of data is limited to the typical effort required to restore the data which would exist where backup copies had been produced regularly and in line with the risks involved.
6.8 – The limitations to liability set out above shall also apply to personal liability of agents, employees and representatives of «Dino Mignon» by means of protective effective effect to such third parties.
7.1 – Any data, pictures, information, etc. that User uploads, stores, transmits or submits to Dino Mignon’s website (hereinafter referred to as Content) are generated by the User, but not by «Dino Mignon». User’s Content therefore remains in User`s sole responsibility. «Dino Mignon» assumes no responsibility or liability which may arise from the Content of «Dino Mignon» and the Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
7.2 – User guarantees that the Content comply with the applicable laws. In particular User acknowledges not to send unsolicited e-mail (e.g. as Invitation), including promotions and/or advertising of products or services to third parties or to provide any incomplete, false, inaccurate or misleading information, including‚ but not limited to‚ information for Event Listings and News (as described in the Tour).
7.3 – User agrees not to attempt to interfere with the «Dino Mignon» to any client, host or network, including, without limitation, via means of submitting a virus to the «Dino Mignon», overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment actual or attempted unauthorized use of the «Dino Mignon» may result in criminal and/or civil prosecution.
7.4 – User acknowledges and agrees that «Dino Mignon» cannot and does not generally review the Content created or uploaded by any User of the Services. User acknowledges and agrees that «Dino Mignon» does not undertake or assume any duty to generally monitor «Dino Mignon» for inappropriate Content.
7.5 – Notwithstanding the foregoing «Dino Mignon» reserves the right to block, remove or delete any Content, if «Dino Mignon», in its own sole and unfettered discretion, has reason to believe that such Content and/or other data or information may infringe the rights of a third party or may violate applicable laws.
7.6 – With regard to Events and News (as described in the Tour), «Dino Mignon» retains – in its sole discretion – the right whether it publishes the submitted Content or not. User acknowledges that upon deletion of its User Account User will no longer be able to access or delete any Content provided to «Dino Mignon» for Events and/or News (as described in the Tour). User acknowledges and assumes the risk of the possibility of suspension or termination of its User Account as provided under Sec. 12. Therefore User shall ensure that he is willing to permanently lose access to any Content stored in News and/or Events (as described in the Tour).
7.7 – As far as «Dino Mignon» may offer a platform for Users to attend communication with other Users, «Dino Mignon» does not sponsor, oversee or in any way control such communication between Users. «DINO MIGNON»-User understands and agrees that «DINO MIGNON»-Users organize and participate in communication at own risk and «Dino Mignon» does not bear any responsibility or liability for the actions of any «DINO MIGNON»-Users or any third parties who organize, attend or are otherwise involved in any such communication.
8.2 – Invitations are made at User’s own risk. This also applies to Invitations (as described in the Tour) to Secure Showrooms (as described on Plans and Pricing). User is aware that any confidential material he displays on a Secure Showroom may be viewed by third parties which have access to an Invitation.
8.3 – Any personal data which User receives by third parties (including but not limited to names and e-mail addresses submitted for Event Listing guest lists (as described in the Tour) must be treated in accordance with applicable data protection law. When in doubt, personal data must be deleted without delay after the intended use of their submission has expired.
9. Grant of License
9.1 – By submitting/uploading Content (including but not limited to trademarks, images, photos or information for Secure Showrooms (as described on Plans and Pricing), Events or News (as described in the Tour) User grants «Dino Mignon» the non-royalty-bearing, non-exclusive, worldwide right to use, change and make the Content publicly available (in particular to copy, store, to format as may be required for its use). This includes the right to make screen shots for the functionalities of «Dino Mignon» (unless the images in question are exclusively intended for a Secure Showroom).
9.2 – Subject to the approval of «Dino Mignon» User can embed the Stream (as described in the Tour) into the User’s look and feel (e.g. Stream in the look and feel of User’s company). User grants «Dino Mignon» for the duration of the display of the Embedded Site and/or the Widget the non-royalty-bearing, non-exclusive, worldwide and sub-licensable right to use, change and make the User’s materials which are used for the Embedded Site and/or the Widget publicly available (in particular to copy, store, to format as may be required for its use).
9.3 – The license under this Sec. 9 is granted by User for up until one month after termination/expiration of the Agreement. However, if User does not delete Content posted by him (or on his behalf) which is publicly available to any User, this is deemed as a licensing for the time the Content has not been deleted by User. User acknowledges that this deletion is only possible as long as User Account is active.
10. User’s Representations and Warranties / Indemnification
10.2 – The «DINO MIGNON»-User is responsible for ensuring that all Content which is provided to «Dino Mignon» is current, accurate and complete and will bind its personnel accordingly. This applies also to the information submitted by «DINO MIGNON»-Users receiving Invitations.
10.3 – «DINO MIGNON»-User further represents and warrants that the Content which is uploaded or submitted otherwise by «DINO MIGNON»-User (and «DINO MIGNON»-User’s personnel) to «Dino Mignon» or which is used for his Embedded Site is correct and not misleading, and does not infringe any third party rights or applicable laws or regulations, including, without limitation, any copyrights, privacy rights or other third party rights of any nature.
10.4 – User further represents and warrants that neither he nor his personnel will copy or misappropriate any trade secrets of others, including but not limited to non-public information displayed in the Secure Showrooms.
10.5 – User agrees to fully and effectively indemnify, defend, and hold harmless «Dino Mignon» and Dino Mignon’s representatives, employees or vicarious agents from any and all claims asserted in relation to the Content upload/submitted by User including reasonable legal fees.
11. Suspension of Services
«Dino Mignon» may at any time suspend the provision of any Service to User with immediate effect by giving notice to User if there is (in Dino Mignon’sreasonable discretion) an indication for a breach of third party rights by the User.
12. Term and Termination
12.1 – The term of the Agreement commences upon User’s registration.
12.2 – User may terminate the Agreement entirely by deleting User Account according to Sec. 4.4 at any time.
12.3 – «Dino Mignon» can suspend or terminate the provision of any Free Service at any time without giving notice.
12.5 – In case of termination «Dino Mignon» is entitled but not obliged to deactivate User’s settings and all data received (if any) on the public space of «Dino Mignon» . User may deactivate its settings and all data provided to public spaces (e.g. News, Events as described in Tour etc.) as long as User is in possession of a User Account. Content which is exclusively intended for a Secure Showroom (as described under Plans and Pricing) will be deleted automatically by deleting the User Account.
13. Changes or Discontinuation of «Dino Mignon» and Services
13.1 – «Dino Mignon» reserves the right at any time to change, modify, suspend, discontinue, terminate or close down its website and/or Services (or any part thereof).
13.2 – User agrees that «Dino Mignon» shall not be liable to User or to any third party for any changes, modifications, suspension, discontinuance, and termination or close down of the Website and/or Services and/or User’s possibility to use or access «Dino Mignon» and/or the Services.
14. General Provisions
14.3 – The sole venue for all disputes arising directly or indirectly out of or in connection with the contract shall be Dino Mignon’s place of business. However, «Dino Mignon» may also bring an action at the general place of jurisdiction of the User.