1. The internet market place VDMA-E-Market is operated by VDMA Verlag GmbH, Lyoner Str. 18, 60528 Frankfurt/M, hereinafter referred to as Verlag. The site is also supported by VDMA e.V. in Frankfurt/M.
2. Content The market place supplies product data and company information about machinery manufacturers to users of the market place solely for information purposes. General information concerning the sector and other information, e.g. from trade journals, complete the range of services offered by the market place. It is possible to search for specific company products and services via the market place. The results the user receives takes the form of a list of product names, a description, the manufacturer´s name and other details. A link from this list enables the user to access the corresponding product page for the machinery manufacturer or their homepage; the user is thus taken directly to the company´s web site.
The data (products, companies and services) is directly provided by the companies.
3. Contractual relationship No contractual relationship whatsoever is created between the operator and the users of this market place. Any trading or other form of contract resulting from the content of this market place as described in section 2 above are deemed to be established without the participation of Verlag. Verlag does not receive any commission or other form of remuneration for contracts arising out of the use of this portal.
4. Liability Any liability on the part of Verlag shall be limited to cases due to intent, gross negligence and fundamental breach of contract. In the case of simple negligent breach of contract, liability is limited to foreseeable damage intrinsic to the use of the portal. Direct liability of any kind towards users shall be expressly excluded . Electronic data processing systems, software and the internet, while state of the art, do not always operate flawlessly. Consequently, Verlag is technically unable to guarantee completely fault-free operation of its market place. Verlag shall therefore not be held liable for damage caused by the unavailability or incompleteness of user services due to technical faults. This does not apply to acts or omissions attributable to intent or gross negligence on the part of Verlag.
The above provisions shall not apply in the case of liability for failure to provide warranted qualities or in the case of fraud.
5. Liability for links to other web sites Should web sites of internet contributors referred to directly or indirectly on this market place through links contain illegal subject matter, Verlag shall not be liable unless it was aware of this fact and to the extent that it had reasonable technical means available to prevent the distribution of such material. The sole liability for damage arising out of the use of any such website shall rest with the provider of the external material, no liability shall be assumed by Verlag in this context.
6. Data protection GzF warrants that user data disclosed in the course of entering data will be treated anonymously and used solely for internal purposes or for VDMA market research. These data shall in no case be made available to the member companies of VDMA either directly or indirectly.
7. Copyright The services offered by this market place and the entire content of the web site are subject to and protected by copyright. The user shall be entitled to use the services for his own purposes. However, the services and data, or extracts thereof, may not be distributed, processed or used for any other purpose without the prior written consent of Verlag. Copyright markings shall not be removed or changed in any way.
8. Applicable law, venue German law shall be applicable, the application of the CISG (Vienna Convention) shall be herewith expressly excluded. The sole place of jurisdiction for all claims arising out of or in connection with the use of this market place shall be Frankfurt/M, Germany, unless the user is no merchant, a public law entity, or if the user is domiciled outside Germany.