Terms of Use

Introduction

Commerzium Holding GmbH and its affiliates (“COMMERZIUM”, “we”, “us”) provides its content on its websites or applications that post a link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. These Terms were last updated on September 1, 2023. By accessing and using this Site, you unconditionally and entirely agree to these Terms. For an explanation of COMMERZIUM’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

Copyrights

All content and functionality on the Site, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, graphics, logos, icons, images, illustrations, photographs and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Content”) is the exclusive property of COMMERZIUM or its licensors and is protected by from unauthorized copying and dissemination by EU and German Copyright laws, trademark laws, international conventions, and other intellectual property laws. Neither the Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses described in these Terms of Use.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of COMMERZIUM and its licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not refer to or attribute any information to COMMERZIUM or its licensors in any public medium (e.g., press release, websites, applications/apps, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, COMMERZIUM or its licensors.

Use of Content

COMMERZIUM encourages and permits links to Content on the Site. However, as COMMERZIUM is an organization committed to the highest professional standards, it does not grant any license or other permission for links or other use of the Site or its Content if such use or link which (i) suggests that COMMERZIUM promotes or endorses any third party’s causes, ideas, political campaigns, websites, applications/apps. products or services, (ii) copies, displays, disseminates or otherwise uses the Content without COMMERZIUM’s express written consent, or (iii) uses the Content for commercial purposes. Furthermore, COMMERZIUM does not grant its consent for links to the Site where the linking party engages in any Prohibited Behavior as described in these Terms of Use. COMMERZIUM reserves the right to withdraw permission for any link at any time.

COMMERZIUM hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print single copy of the Site Content on any single computer solely for your personal, noncommercial use, provided that you do not modify the Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Content without COMMERZIUM’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without COMMERZIUM’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any COMMERZIUM intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

Responding to Information Requests

Every now and then, COMMERZIUM may offer to provide information or materials via mail, e-mail or otherwise to interested persons. COMMERZIUM reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

User Content and Content Management

You acknowledge and agree that COMMERZIUM shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against COMMERZIUM for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with COMMERZIUM’s use and publication of such submissions.

You agree that you shall not post or otherwise publish on the Site any materials that (i) are threatening, libelous, defamatory, or obscene, (ii) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law, (iii) infringe the intellectual property, privacy, or other rights of any third parties, (iv) contain a computer virus or other destructive element, (v) contain advertising, (vi) constitute or contain false or misleading statements, or (vii) violates these Terms. COMMERZIUM does not represent or endorse the correctness or reliability of information posted to the Site by users (“User’s Content”), and neither does nor can generally review User’s Content, and thus, is not responsible for User’s Content. As further clarification of nonliability: COMMERZIUM does not advocate, approve, or provide any warranty regarding the accuracy or reliability of User’s Content presented, uploaded, or posted in message boards or otherwise by subscribers, information providers, or other third parties. COMMERZIUM expressly disclaims any liability for User’s Content. You acknowledge that relying on such content is solely at your own risk. However, COMMERZIUM reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason. COMMERZIUM also reserves the right to cancel your access to these areas and/or delete, move, or edit any Users’ Content that it may determine, in its sole discretion, violates the Terms of Use. You shall remain solely responsible for all Users’ Content posted by you or by any other person using your account. COMMERZIUM shall have the right, but not the obligation, to correct any errors or omissions in any Users’ Content, as it may determine in its sole discretion.

COMMERZIUM prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to COMMERZIUM at the address shown below, giving a written statement that contains: (i) identification of the copyrighted work and/or intellectual property right claimed to have been infringed, (ii) identification of the allegedly infringing material on the Site that is requested to be removed, (iii) your name, address, and daytime telephone number, and an e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law, (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed, and (vi) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. COMMERZIUM will remove any posted submission that infringes the copyright or other intellectual property right of any person under EU and German laws upon receipt of such a statement. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. COMMERZIUM’s contact for submission of notices under this Section is: Commerzium Holding GmbH, Heimhuder Str. 13, 20148 Hamburg, Germany.

Subscriber Requirements

When registering with or applying to COMMERZIUM you must provide accurate, complete, and current registration information and you agree to provide COMMERZIUM with any updates to that information promptly after such changes occur. Individual subscriptions to the Site are available only to persons who are at least 16 years of age. Minors may receive access keys or user-ID/passwords only as part of an authorized group subscription. Your right to use the Site is personal to you and cannot be transferred to any other person. You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Site. You shall be responsible for all charges associated with accessing and maintaining a connection to the Site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

Registrant Information

Unless elected else by making the appropriate selection on the COMMERZIUM personal information page, COMMERZIUM shall have the right to disclose certain limited registrant information including, but not limited to, the registrant’s name, e-mail, and mailing address, to affiliates, partners, and third-party vendors for the purpose of providing registrants with information about products and services. COMMERZIUM shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. COMMERZIUM shall have the right to send you electronic mail to inform you of changes or additions to the Site, or of any products and services of COMMERZIUM. For additional information, see COMMERZIUM’s Privacy Policy.

Prohibited Behavior

You may use the Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to COMMERZIUM in the Company’s sole discretion, (ii) contains computer viruses, worms, moles or other contaminating or destructive elements, (iii) violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (iv) contains any false or misleading statement, (v) contains advertising, or (vi) otherwise violates any applicable criminal or civil law. You may not use the Site for any commercial purpose and may not distribute over the Site any solicitation of funds, goods, and services. Additionally, you may not use the Site to solicit subscribers to join other online information services that are competitive with the Site.

Third-Party Sites

COMMERZIUM may provide you with links to third party Sites. It is possible that some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or apps, or incorporation through framesets of content supplied by third-party servers. COMMERZIUM has no responsibility for such third-party Site, which is governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers. As further clarification of nonliability: The Site may contain links to sites on the Internet that are owned and operated by third parties (the “Third-Party Sites”). You acknowledge that COMMERZIUM is not responsible for the availability of, or the content or software applications located on or through any Third-Party Sites. You should contact the site administrator or webmaster for those Third-Party Sites if you have any concerns regarding such links or Third-Party Sites.

Site Access and Availability

The Site may become unavailable to you because of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damage to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

Restriction, Suspension or Termination

COMMERZIUM reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service. COMMERZIUM may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT COMMERZIUM IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING, AESCULAPIAN, MEDICAL OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMMERZIUM AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. COMMERZIUM SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER COMMERZIUM NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” UNDER NO CIRCUMSTANCES SHALL COMMERZIUM, THIRD-PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, BRANCHES, AS WELL AS FORMER AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, LICENSORS, OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THIS SITE. THIS PROVISION APPLIES EVEN IF THE PARTY IN QUESTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME COUNTRIES OR STATES, THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED. ONLY IN SUCH CASES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ONLY IN SUCH COUNTRIES OR STATES, THE LIABILITY OF COMMERZIUM, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE REPRESENTATIVES IS SOLELY LIMITED TO THE LEGALLY PERMISSIBLE MINIMUM AND SHALL NOT EXCEED IT.

Indemnification

You hereby indemnify, defend, and hold COMMERZIUM and all of its predecessors, successors, parents, subsidiaries, affiliates, past and present officers, directors, shareholders, investors, employees, agents, information providers, representatives, licensors and attorneys and their respective heirs, successors, and assigns (“COMMERZIUM Representative Parties”) harmless from and against any and all liability, costs and expenses (including attorneys’ fees) or other losses (the “Losses”) incurred by COMMERZIUM and/or COMMERZIUM Representative Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. COMMERZIUM reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with COMMERZIUM’s defense of such claim.

Governing Law and Jurisdiction

These Terms are governed by the laws of European Union as well as Federal Republic of Germany without reference to the principles of conflicts of laws thereof.

Agreement Supersedence

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Amendment or Waiver

The Terms may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of COMMERZIUM.