Terms of Use
The following Terms of Use apply to the websites offered by Premium Bodywear AG as well as the corresponding services (together, Olaf Benz website). By using the website(s), you accept the validity of the applicable version of these Terms of Use.
Copyright and other property rights
© 2002-2012 Copyright Premium Bodywear AG. All rights reserved. The contents of the Olaf Benz website, in particular web pages, programmes, graphics, figures, recordings, video, scripts and texts as well as their arrangement on the websites are protected by copyright and other property rights.
The contents of the Olaf Benz website must not be used for commercial, business and/or public purposes, and must, in particular, not be copied, distributed, modified or made accessible to third parties. All copies must contain a copyright reference to Premium Bodywear AG. Any contained references to protected rights (for example ©Premium Bodywear AG) must not be removed.
Please note that some images on the Olaf Benz website are subject to the copyright of third parties.
Brands
Unless otherwise indicated, all trademarks on this website are subject to the trademark rights of Premium Bodywear AG or one of its licensors. This shall particularly apply to brands, collection names, logos and emblems.
No license
No license or other right shall be granted explicitly, implicitly or by other means for the use of the contents published on the Olaf Benz website without the written authorisation of Premium Bodywear AG or the applicable licensor. Any misuse of the contents is strictly prohibited and will be prosecuted by the license holder under civil and criminal law.
Submissions
All remarks, suggestions, ideas and other contents that you send or make otherwise available to Premium Bodywear AG (submissions) shall be regarded as provided on a non-confidential basis. Premium Bodywear AG shall be under no obligation to treat the submissions as confidential. Premium Bodywear AG shall be entitled to use and implement the submissions free of charge at its sole discretion.
Liability for submissions
You shall be liable for ensuring that none of your submissions infringe upon the rights of third parties, including copyrights, trademark rights, patent rights, trade secrets, privacy or other personal rights or intellectual property rights and thus indemnify Premium Bodywear AG against all third-party claims, including reasonable legal defence costs.
User behaviour
As an Olaf Benz website user, when using this Olaf Benz website you are prohibited from (I) inflicting harm upon persons, especially minors, or violating their personal rights; (II) contravening public decency through your usage behaviour; (III) sending or making otherwise available libellous, defamatory, obscene, damaging or pornographic contents, or contents that glorify violence or invade privacy; (IV) infringing upon property rights and copyrights or other intellectual property rights and using this website to advertise goods or services or request financial funds.
User activities aimed at rendering this Olaf Benz website non-functional or at least obstructing its use are prohibited and can be prosecuted under civil and criminal law.
Users may also not use the Olaf Benz website for any other illegal purposes. In particular, users are prohibited from subscribing third parties for newsletters or similar without their knowledge and expressed consent or registering third parties for competitions on this Olaf Benz website without their knowledge and expressed consent.
Premium Bodywear AG shall be entitled to block access to the Olaf Benz websites at any time, especially if a user infringes the obligations established in these Terms.
Registration, password
Some pages on the Olaf Benz website may be password-protected or previously freely accessible websites can become subject to registration. Premium Bodywear AG shall not guarantee any entitlement to registration. Premium Bodywear AG shall be entitled at all times, without providing reasons, to withdraw the access authorisation and block the access details, especially if the user has (I) provided false details on registration; (II) infringed upon applicable laws when using the Olaf Benz website; (III) made his/her access details accessible to third parties or (IV) not used the Olaf Benz website for a period of 12 months.
The user shall be obliged to provide truthful details during the registration process and immediately inform Premium Bodywear AG of any subsequent changes to these.
Following registration, the user will automatically receive an e-mail notification indicating that an account has been set up. The user’s e-mail address shall also act as the username for the account. During the registration process, the user will be instructed to enter a password of his/her choice. The user can change this password after logging in to the account. Users must keep their username and password secret at all times and not reveal these to third parties. Users shall also be obliged to protect their username and password against unauthorised access by third parties. The user shall be responsible for any misuse of the username and password.
Participation in competitions
This Olaf Benz website can invite users to participate in competitions. All competitions are subject to the following conditions: (I) employees of Premium Bodywear AG and its associated companies and their relatives shall not be entitled to participate in the competitions; (II) prizes cannot be exchanged for cash payment and/or different prizes; (III) legal recourse is excluded. In individual cases, these conditions can be modified or replaced by further participation conditions.
Liability
Users are responsible for all their activities on and in conjunction with the Olaf Benz website.
Premium Bodywear AG shall endeavour to carefully service and maintain this website. Despite this, no liability can be accepted for the correctness and accuracy of the information contained, the continuous availability of the Olaf Benz website or lost, damaged or deleted downloads.
Any liability for damages that are directly or indirectly incurred through the use of the Olaf Benz website shall be excluded with the exception of mandatory liabilities resulting from wilful intent, gross negligence, loss of life, physical injury, damage to health, the fraudulent concealment of a defect or a breach of significant contractual obligations. However, claims for damages due to a breach of significant contractual obligations shall be limited to the foreseeable damages which are typical of the contract except in the case of wilful intent or gross negligence.
The above limitations of liability shall not affect any legally required no-fault liability of Premium Bodywear AG – in particular, a legal warranty liability.
Links/third-party contents
If this Olaf Benz website links to other websites operated by third parties, Premium Bodywear AG neither assumes responsibility for the contents of these websites nor adopts these websites and their contents as its own. Premium Bodywear AG shall not be responsible for the contents of such websites. Their use occurs at the user’s own risk. If a legal infringement is found, the links in question shall be immediately removed from the Olaf Benz website.
Users shall not be entitled to post contents on the Olaf Benz website unless Premium Bodywear AG has requested this or expressly provided the necessary applications for this purpose.
Modifications/improvements
Premium Bodywear AG retains the right to modify these Terms of Use and the contents and structure of the Olaf Benz website at any time. This includes ceasing to offer certain products or services or only offering these in return for payment.
Legal venue
The legal venue shall be Chemnitz.
Miscellaneous
The individual pages of the Olaf Benz website are operated by and the responsibility of Premium Bodywear AG, Chemnitzer Straße 36 – 38, 09228 Chemnitz, Germany and/or its subsidiaries in accordance with the information in the legal notice. The pages consider the requirements of the country in which the responsible company has its registered office. Premium Bodywear AG shall not assume any responsibility for it being possible to access or download information and/or contents published on the Olaf Benz websites in locations outside the applicable country. If users access the Olaf Benz website from locations outside the applicable country, they shall hold sole responsibility for the observation of the regulations that apply under national law.
Federal German law shall apply. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.