General Terms & Conditions of the iXPOS Community
Last Updated: March 15, 2012
Thank you for your interest in using our service. By registering as a member of the iXPOS Export Community, you accept these General Terms and Conditions. These General Terms and Conditions are valid as of March 15, 2012.
The iXPOS Export Community offers German and foreign businesses a B2B platform where companies can make international business contacts and exchange views and experiences about topics related to foreign trade, market development, business relations, etc. Germany Trade & Invest Gesellschaft für Außenwirtschaft- und Standortmarketing mbH (hereinafter „Germany Trade & Invest) is the operator of this website. Further contact information can be found in the imprint of the website.
The Export Community is available in both English and German. Therefore, all posted content must be either in English or German. Entries posted in a language other than English and German will be deleted.
The information available on the iXPOS Portal is solely for companies, whereby the term company is understood in the sense of § 14 BGB (German Civil Code), to be a natural or legal entity or a judicable partnership that in concluding a legal transaction is acting in the execution of its commercial or independent or freelance business activity.
The use of the iXPOS Export Community and all its functions is free of charge. To use all functions of the online Export Community, companies or a legal representative of a company (hereinafter “User”) must register first on the iXPOS website. For your registration, you will need to enter your name, last name, your email address, and a password. Users are obligated to keep their password secret.
User Profile and Company Information
After successful registration and receipt of the confirmation email, the User will be able to create a profile for himself/herself or for the company that he/she represents.
The User guarantees that the personal data provided for the creation of a profile is true and complete. The User is obligated to notify iXPOS of any change of their User data immediately. The User is not allowed to use pseudonyms, professional names or nicknames.
Each User is allowed to register with iXPOS only once and create one User profile.
The User is entitled to delete his and his company’s profile at any time. Germany Trade & Invest reserves the right to delete any personal or company profile including all User related content that is found to violate applicable law and moral standards. Germany Trade & Invest also reserves the right to delete or ban a User whenever the reputation of the Export Community is affected or damaged by the presence of the User.
Germany Trade & Invest cannot verify with certainty whether a User registered in the iXPOS Export Community really is the persons he/she claims to be. Consequently, Germany Trade & Invest provides no guarantee for the actual identity of a user. Every user must therefore personally verify the identity of another user.
Any use, process, usage or utilization of a User’s personal profile for commercial purposes, such as its commercial exploitation, is forbidden.
Germany Trade & Invest assumes no responsibility or liability for the use or misuse of business inquiries.
Posting Business Inquiries
As soon as a User has created a personal and a company profile, he/she is able to create and post business inquiries on the Export Community. In addition, the User is able to change, complete, withdraw and completely delete his/her published business inquiries.
The contents posted in the business inquiries must be directly related to the posting User. Incomplete content, exaggerated capitalization and punctuation as well as references to websites not related to the User are forbidden.
In order to guarantee the integrity of our website, each business inquiry will be reviewed for validity and completeness before publication. IXPOS reserves the right to change, amend and delete parts of the business inquiries without notice. Business Inquiries with illegal or immoral content or whose publication is for any reason not acceptable for Germany Trade & Invest will be rejected and not published. All business inquiries will be published right after validation
The same principles are applied to each subsequent change or completion of the business inquiry made by the User.
Germany Trade & Invest is not responsible for content, data and/or information provided by iXPOS Users and neither for the contents that are externally linked to this website. Germany Trade & Invest does not guarantee that the contents are truthful, serve a specific purpose, or are able to answer such a purpose. In the event that a User notices violating or illegal use of the Export Community, he/she can report this behavior by using the contact form available throughout the iXPOS websites.
If Users establish business relationships with other Users while using the portal, Germany Trade & Invest is not involved and is therefore does not become a contractual party. The Users alone are responsible for the execution and fulfillment of contracts they conclude with each other. Germany Trade & Invest is not liable for a User’s violation of duty concerning the agreements made by Users among each other.
The business inquiries are forwarded for publication to media agencies specialized in business information in order to ensure a widespread exposure of the inquiry throughout Germany. A business inquiry is only published after the User has given his/her express consent.
Business inquiries can be found in an anonymous form by search engines. All available contact information related to the business inquiries is only visible to registered Users.
Any use, process, usage or utilization of a User’s business inquiry for commercial purposes, such as its commercial exploitation, is forbidden.
Germany Trade & Invest assumes no responsibility or liability for the use or misuse of business inquiries.
The iXPOS forum offers registered Users the possibility to discuss about foreign trade topics and exchange their views about the information provided on iXPOs with other Users of the community.
iXPOS Users must communicate in an honest and unambiguous way with each other. Furthermore, the use of pseudonyms, professional names or nicknames is not permitted. Every User is responsible for his/her contributions to the forum. Germany Trade & Invest assumes no responsibility for published contributions and weblinks posted on the forum. All forum contributions can be found in anonymous form by search engines. The author of a forum post is only visible to registered Users.
When using the content and services from iXPOS, Users must pay attention to the applicable laws and rights of third parties. All content posted by Users on the Export Community shall not adversely affect the reputation of Germany Trade & Invest. In particular, iXPOS Users shall not:
- Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
- Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices or network marketing.
- Unreasonably annoy (particularly with spam) any other User
- Use any insulting or defamatory contents, regardless of whether these contents are directed at another User, iXPOS employees, other persons or companies.
- Communicate in any insinuating or sexual way (suggestive or explicit).
- Use any pornographic material or any contents that violate any applicable legislation for the protection of minors. Advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors.
- Distribute viruses or any other technologies that may harm the iXPOS website or the interests or property of the Export Community Users.
- Use automatic systems to access the iXPOS website and extract content for any purpose without an express written permission.
- Interfere or attempt to interfere with the operation of iXPOS functionalities, in particular overloading the system’s capacity.
In case of infringement, Germany Trade & Invest reserves the right to block access to the User without prior notice and/or delete his posted contents, e.g. User’s forum posts or status messages.
Exemption from Germany Trade & Invest
The User releases Germany Trade & Invest from all claims (for damages) that other users or third parties may raise against Germany Trade & Invest due to a violation of their rights by contents posted to the iXPOS Websites by a User.
This also applies to all claims that other users or third parties may raise against Germany Trade & Invest due to a violation of their rights caused by the utilization of iXPOS by the User. The User shall meet all reasonable costs incurred by a violation of third-party rights, including those of legal defense. All further rights and claims for damages of Germany Trade & Invest shall remain unaffected. It is responsibility of the User to prove that Germany Trade & Invest incurred lower legal costs than the ones claimed.
The above obligations of the User do not apply if the User is not responsible for the violation of rights in question.
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Germany Trade & Invest’s discretion, either obtain the right to use said contents or render said contents. In the event the user infringes third-party rights when using the services of iXPOS, the user shall discontinue such use that violates these terms and the law, if so requested by Germany Trade & Invest.
Germany Trade & Invest makes no warranty and assumes no liability for the accuracy, availability, functional safety of the Export Community and /or content as long as the resulting damage or loss is unintentional and gravely negligent behavior on the part of Germany Trade & Invest is not present.
Germany Trade & Invest reserves the right to modify or discontinue the services offered by iXPOS or offer different services on the site. Germany Trade & Invest is entitled to amend or redraft these General Terms and Conditions at any time.
These General Terms and Conditions shall be governed by German law excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law. The explicit place of jurisdiction and performance is Berlin.