General Terms and Conditions for Professional Members
As of February 2015
These general terms determine the conditions under which ALISCO GmbH (in the following described as “us”) offers its members access to its platforms through which the partner may upload, manage, share and display their profiles and projects.
Object of agreement
Members get access to the platforms to present their professional work of Office and Workplace Design to Clients and interested persons.
Copyright, Release from Reliability
All intellectual property remains with the member. The member grants us only the rights of use for his uploaded profiles and images to present search-generated overviews of works to other members within the platform.
For the use of presenting the members work on our platform the partner grants us also the right to alter the work in size, shape and detail for all means of presentation. We have no obligation or responsibility for registering the partners copyright in any intellectual property with any copyright office. By using the platform the member assures explicitly that all content provided by the partner is free from third-party rights.
The member is solely responsible for all copyright infringement by content that is published by or for the member on the platform. The member also declares that the member’s content does not violate any other rights. The partner is obligated to indemnify us upon first written demand from and against all claims made by third parties against us because of violation of any third party rights, especially violating copyrights.
The member compensates all of our occurring costs for advocacy and all other financial damages. In this case we can demand an advance on estimated costs for advocacy. When copyright infringements are filed against the member, the partner is obliged to inform us immediately without delay about these claims. In case any party asserts their rights against us, we can decide at our own discretion to delete claim-related content from the platform.
Integration of the partner gallery in the partner's websites
The member is entitled but not obliged to integrate his platform-shared content in own websites by all means that we offer at that moment. In case of integration the member has to use the given options without alteration. Especially manipulation of the platforms code, any kind of integrated promotion or branding of us or partners and alterations of the General Terms and Conditions for customers are prohibited.
We list all activity of the members and provide summarizing statistics. We are authorized to alter the statistics regarding display, format, extent and scope.
Liability Exclusion and Limitation
To the fullest extent permissible permitted by applicable law, we and our respective directors, employees, shareholders, agents, contractors, affiliates and any other representatives will not be liable for damages arising out of or in connection with the use of our websites or services.
We disclaim any warranties for the use of the website and services of ALISCO (e.g. loss of data, interruptions of the availability of the platform or the member´s content, lost profit, etc.).
Contract period and cancellation
This membership agreement is made for indefinite period of time and can be cancelled by both parties without any notice period.
Changes of terms of this agreement
In case of any changes of our terms and conditions for members, we will notify the members via an electronic notification on the website and will send the member an eMail with the new version of the terms and conditions. The partner is obliged to make sure to properly receive eMails by us including but not limited to add our eMail address to the member’s "Safe eMails List" and other means to assure that eMails by us are properly received in the inbox of the member. The member has to consent to the new terms and conditions explicitly. Otherwise the old terms and conditions are still being applied. If the member does not consent to the changes, a cancellation of the agreement by ALISCO without previous notice is possible at any given time.
Place of jurisdiction and applicable law
Place of jurisdiction for all disputes shall be Münster, Germany, as long as the member is a legal person under public German law or a separate asset or the member has no general place of legal jurisdiction in Germany, has transferred address or habitual place of residence outside of Germany after conclusion of the agreement or whose address or habitual place of residence is unknown at the time the complaint is made. This agreement will be governed by the substantive law of the Federal Republic of Germany and relevant legal regulations of of the European Union to the exclusion of the UN purchasing law.
Should a condition of the agreement be or become unenforceable or unable to be conducted, the enforceability or feasibility of the other conditions remains unaffected. In this case both parties will agree upon. In case of the ineffectiveness of one or several provisions the Parties will replace the ineffective provisions by effective ones that correspond as far as possible to the intended economic purpose of the provision to be replaced.