Our Terms of Use – ProArt Collector

Our Terms of Use

Updated: March 31, 2023

These terms of use (“Terms”) govern the use of the website located at https://proartcollector.de (“Website”), and all content and communications provided by Lennard Becker Software Engineering through the Website (“LBSE Content”). These Terms constitute a legally binding agreement entered into by and between you, the user of the Website (hereinafter, “you” or “your”), and Lennard Becker Software Engineering (hereinafter, “LBSE”, “we” or “us”). Lennard Becker Software Engineering provides the Website and LBSE Content to you, subject to these Terms.

Important: For the avoidance of doubt, any consultation or other services provided by LBSE, are not provided under these Terms and will be subject to a written agreement executed by and between you and LBSE.

By using the Website or LBSE Content, you represent and warrant that you are eighteen (18) years of age or older and are fully able and competent to enter into the Terms, and to abide and comply with these Terms. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING LBSE’s PRIVACY POLICY LOCATED AT https://proartcollector.de/privacy (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, OR YOU ARE NOT (18) YEARS OF AGE OR OLDER AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR LBSE CONTENT. IF YOU DO NOT MEET ALL THE ELIGIBILITY REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN SECTION 17 BELOW WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.

Access and Use of the Website. Subject to these Terms, LBSE grants you a non-exclusive, non-transferable, limited privilege to access and use the Website solely for your internal business purposes.

Your Account. You do not have to register on our Website in order to visit the Website. However, certain portions and features of the Website may be accessed only by creating an account with us by registering on our Website. By creating an account and/or using LBSE Content, you represent and warrant that (a) all required registration or other information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website and LBSE Content do not violate any applicable law or regulation or these Terms. When you sign up for an account, you will be asked to choose a user name and a password for your account. You may not use a user name or user profile that is used by someone else or that violates Section 2. You may control your user profile and how you interact with the Website and LBSE Content by changing your settings in your account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to (i) use the account, username, screen name, or password of any other user at any time; (ii) allow or enable any third party to use your account, username, screen name, or password; or (iii) sell, rent, borrow, or otherwise transfer your account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your account.

Your Content. You acknowledge that, except with respect to Personal Information which shall be governed by our Privacy Policy, LBSE is not obligated to treat any information you provide through or in connection with your account, the Website or the LBSE Content (collectively, “Your Content”) proprietary or confidential notwithstanding any notations to the contrary in Your Content. Please do not provide credit card numbers, financial account numbers, or other sensitive information through or in connection with your account, the Website or the LBSE Content as the foregoing is not necessary for the use of our Website or the LBSE Content. You hereby agree that LBSE may use Your Content (other than Personal Information which may be used only in accordance with our Privacy Policy) to provide the Website and the LBSE Content and for any other purpose, without any duty of accounting or any other obligation. LBSE SHALL HAVE NO OBLIGATION TO BACK UP YOUR CONTENT, AND ASSUMES NO RESPONSIBILITY FOR, NOR ANY LIABILITY FOR LOSS OF DATA, NOR YOUR FAILURE TO BACK UP YOUR CONTENT ON A REGULAR BASIS.

Privacy. LBSE will use reasonable measures to protect Personal Information (as defined in the Privacy Policy) you provide to LBSE through or in connection with your account, the Website or the LBSE Content. LBSE will use Personal Information in accordance with these Terms and the Privacy Policy.

Prohibited Uses. You may use the Website and LBSE Content only for lawful purposes and in accordance with these Terms. You agree that:

you will not use, intentionally or unintentionally, the Website or any LBSE Content in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law;
you will not upload, post, or otherwise transmit any content through the Website that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that does not comply with these Terms;
you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit this Website or any LBSE Content, or any portion related to the foregoing without LBSE’s prior written consent;
you will not use any framing techniques to enclose any portion of this Website (including, but not limited to, images, text, page layout, and form) without LBSE’s prior written consent;
you will not make any use of the trademarks, service marks, trade names, logos, and graphics on this Website without LBSE’s prior written consent;
you must not access or use the Website or any LBSE Content, or any part thereof, for any commercial purpose beyond your internal business purposes;
you will not use this Website or any LBSE Content, or attempt to affect this Website or any LBSE Content, in any manner that could harm, damage, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to, used for, or used to provide this Website and the LBSE Content;
you will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
you will not interfere with any other party’s use and enjoyment of this Website or the LBSE Content;
you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this Website or to provide the LBSE Content, through password mining, hacking, or any other means;
you will not seek to gain access to any content, service, or information through any means not intentionally made available by the LBSE;
you will not use any network monitoring or discovery software to determine the architecture of the Website or LBSE Content, or extract information about usage, individual identities, or users;
you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Website or any LBSE Content, without LBSE’s prior written consent;
you will not impersonate or attempt to impersonate LBSE, any LBSE employee, another user, or any other person or entity;
you will not use or otherwise export or re-export this Website or any LBSE Content, or any portion related to the foregoing, in violation of the export control laws and regulations of the European Union or any other country;
you will not otherwise attempt to interfere with the proper working of the Website or LBSE Content.

Case Studies and Blog Posts. Case studies and blog posts are provided on the Website for informational purposes only. Each customer’s need may encompass a unique multitude of factors and requires an individualized response. As a result, case studies do not guarantee that you will receive similar results when using LBSE services. Blog posts contain information that LBSE has learned through unique experiences. As a result, blog posts do not guarantee that the methods or information in the blog post will be error free or produce the results specified therein. In some cases, blog posts contain information associated with third party sources, products and services. LBSE is not responsible or liable to you for the content or accuracy of any information associated with such third party sources, products or services, nor is LBSE endorsing any such third party sources, products or services, by providing you such information.

Products. The Website provides a list of products available for demonstration and purchase. Each product may be governed by additional terms and conditions accompanying such product. If there is any conflict or inconsistency between any provision of the Product Agreement and these Terms, the provision of the Product Agreement shall control but solely with respect to the applicable product. Before downloading a demonstration version of the product, you may be required to provide LBSE with certain information, including Personal Information about you. You acknowledge that the download of demonstration software is contingent on you providing accurate information. Any Personal Information you provide will also be governed by the Privacy Policy. The listed price of each product is provided for informational purposes only and does not guarantee that the listed price will be current or correct.

Security. By using the Website and LBSE Content, you acknowledge and agree that Internet transmissions are never completely private or secure. You also understand that any message or information you send to or through the Website may be read or intercepted by others, even if there is a special notice that a transmission is encrypted.

Proprietary Rights

Website Materials. You acknowledge and agree that all intellectual property rights in and to the Website, including, without limitation, all LBSE Content and the products listed on the Website, are owned by LBSE, its licensors, or other providers of such materials (as applicable) and protected by United States intellectual property laws, international intellectual property laws, unfair competition laws, and other proprietary rights laws. LBSE, its licensors, or other providers (as applicable) retain all right, title and interest in and to the Website Materials, and all intellectual property rights thereto. No right, title, or interest in or to the Website or any Website Materials are transferred to you, and all rights not expressly granted are reserved by LBSE. There are no implied licenses granted by LBSE, its licensors, its providers, or otherwise under these Terms. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy (beyond temporary copies of Site Materials in RAM incidental to your accessing and viewing these materials), modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use your account, the Website and Website Materials, will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks. The ProArt Collector trade name and trademark are owned by us. You must not use this trademark without the prior written permission of the LBSE. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Modifications to Website or Website Materials. LBSE reserves the right, at any time, to modify, suspend, or discontinue the Website, including any Website Materials, or any parts of the foregoing with or without notice. Without limiting the foregoing, you agree LBSE will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website, including any Website Materials, or any parts of the foregoing with or without notice.

Changes to the Terms. We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website and Website Materials following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Privacy. Please review our Privacy Policy for a description of our privacy practices and an explanation of how we may use any Personal Information we collect on or through the Website. By using the Website, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Policy.

User Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Website or the Website Materials (collectively, “Feedback”) then we may use such Feedback for any purpose, provided we will not associate such Feedback with you. So that we may incorporate Feedback into our products and services, you hereby grant LBSE, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for any purpose and you hereby irrevocably and unconditionally grant such Feedback and all such rights to us free of charge. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.

Availability of the Website. Information describing the Website is accessible worldwide but this does not mean the Website or certain portions thereof are available in your country. We may restrict access to the Website or portions thereof in certain countries. It is your responsibility to make sure that your use of the Website and LBSE Content is legal in your country of residence. The Website and LBSE Content may not be available in all languages. If at our reasonable determination, you use the Website or any LBSE Content in a manner that violates laws, or creates an excessive burden or potential adverse impact on our systems, in addition to any of its other rights or remedies, LBSE may, without liability to LBSE, immediately suspend or terminate your access to your account, the Website, and LBSE Content.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE OR SITE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LBSE NOR ANY PERSON ASSOCIATED WITH LBSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND WEBSITE MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER LBSE NOR ANYONE ASSOCIATED WITH LBSE REPRESENTS OR WARRANTS THAT THE WEBSITE OR WEBSITE MATERIALS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR WEBSITE MATERIALS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR WEBSITE MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND WEBSITE MATERIALS, OR ON ANY WEBSITE LINKED TO THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, LBSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SATSIFACTORY PURPOSE, ACCURACY, COMPLETENESS, INTEGRATION, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LBSE, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR WEBSITE MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE AND WEBSITE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LBSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LBSE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR WEBSITE MATERIALS, EXCEED ONE HUNDRED DOLLARS ($100). LBSE’S AFFILIATES AND SUPPLIERS SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO THESE TERMS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AVAILABILITY OF THE WEBSITE AND WEBSITE MATERIALS AND FORM THE BASIS OF THE BARGAIN BETWEEN THE LBSE AND YOU.

Indemnification. You agree to defend, indemnify, and hold LBSE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Website Materials, other than as expressly authorized in these Terms.

Governing Law and Dispute Resolution

Governing Law. These Terms will be governed by the laws of the Federal Republic of Germany, European Union without giving effect to any conflict of laws principles.
Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and the LBSE arising out of or relating to these Terms, the Website and Website Materials shall be governed by the provisions set forth in Section “Governing Law and Dispute Resolution”.

Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreement between you and LBSE regarding the Website and Website Materials, and Your Content, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the foregoing subject matter.. Any written agreement executed by and between you and an officer of LBSE will prevail over any conflicting terms in these Terms but solely with respect to the subject matter in such executed written agreement.

Contact Information. If you have any questions about these Terms, or about the Website or Website Materials, you may contact us at info@proartcollector.com.

Lennard Becker Software Engineering (LBSE), Bismarckplatz 3, 88131 Lindau, Germany