Company Name: Drift & Noise Polar Services GmbH
Represented by its Managers: Dr. Stefan Hendricks, Dr. Lasse Rabenstein, Dr. Thomas Krumpen
Registered Office: Bremen, Germany
Company Address: Hohenlohestr 8, 28209 Bremen, Germany
Company Website: http://www.driftnoise.com
Telephone: +49 176 226 287 51
Email address: email@example.com
Commercial Register Bremen HRB: 29676 HB
VAT identification number: DE297396624
Unless otherwise agreed to in a separate signed agreement between Your Company and Drift & Noise, Your access and use of the DriftNoise.com, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on DriftNoise.com (any Services), are subject to this TOU. Additionally, Your use of the DriftNoise.com, its Content and Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms), which may be posted on DriftNoise.com where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and Drift & Noise regarding Your access and use of the DriftNoise.com, its cContent and Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall prevail. By accessing or using DriftNoise.com, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not access or use DriftNoise.com. Your access and use of any software or related documentation provided on DriftNoise.com (together Drift & Noise Software) shall be subject to a separate software license agreement made available to You at the time You access or download the Drift & Noise Software.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING LEGAL INFORMATION WHICH IS INCLUDED ON THE BOTTOM OF THE HOME PAGE OF DriftNoise.com.
A. Except for web sites within DriftNoise.com which are clearly identified as non-public, DriftNoise.com is intended to be a public forum subject to the TOU and You agree not to provide Drift & Noise or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to DriftNoise.com will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through DriftNoise.com in any form except as authorized at the time of disclosure. Any reproduction of Drift & Noise Confidential Information shall remain the property of Drift & Noise and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of Drift & Noise. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with Drift & Noise Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which Drift & Noise or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of DriftNoise.com, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU ONTO DriftNoise.com, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND DRIFT & NOISE TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF DriftNoise.com.
You understand and agree that Drift & Noise collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to Drift & Noise's Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a "Transaction"), Drift & Noise may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement. All personal data will be treated confidential and in compliance with the Federal German Data Protection Act (Bundesdatenschutzgesetz) and other applicable legislation.
You agree that Drift & Noise may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of Drift & Noise, Users, and the public.
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use DriftNoise.com to infringe the Intellectual Property Rights of Drift & Noise or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Drift & Noise Software, third party software, or any Content accessed on the DriftNoise.com. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
Drift & Noise is only responsible or liable for the Content posted on the DriftNoise.com to the extent required by the German Telemedia Act (Telemediengesetz). DriftNoise.com may contain links to external Web sites and information provided on such external websites by Drift & Noise partners and third-party service providers. Drift & Noise shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that Drift & Noise shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on DriftNoise.com (any Content ), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
Subject to any licenses You grant to Drift & Noise pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the DriftNoise.com to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to DriftNoise.com, You grant Drift & Noise a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to Drift & Noise that You have the right, title, and/or authority to grant such license to Drift & Noise. Drift & Noise may elect not to post or publish the Content that You send or upload. If Drift & Noise elects to post or publish the Content, Drift & Noise may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any Drift & Noise Software and the Services shall belong to Drift & Noise. Nothing in these TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any Drift & Noise Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to Drift & Noise any modifications or derivative works of any Drift & Noise Software made by You in contravention of this limitation.
You are permitted to access DriftNoise.com and Use the Services Content and Drift & Noise Software solely for Your personal, informational, noncommercial purposes.
In the event You are in material breach of the Controlling Terms, Drift & Noise may, at its sole discretion refuse You any current or future use of DriftNoise.com. Drift & Noise may remove any Content posted on DriftNoise.com at Drift & Noise's sole discretion. Drift & Noise shall not be liable to You or any third party for any termination or change to DriftNoise.com and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of DriftNoise.com or any other Users computer system, Drift & Noise may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use DriftNoise.com to:
You agree to indemnify and hold Drift & Noise, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the DriftNoise.com or Services, Your breach of this TOU or Drift & Noise's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
DriftNoise.com, Content, and Services are being provided to You AS IS. Drift & Noise does not guarantee or warrant any features or qualities of the DriftNoise.com, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to DriftNoise.com, Content, Software or Services in promotional material or on DriftNoise.com and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published Drift & Noise description of or advertisement except to the extent Drift & Noise has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Drift & Noise's management.
Drift & Noise does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the DriftNoise.com, or the content obtainable on such web-pages or (ii) any information provided by third parties on DriftNoise.com. Drift & Noise only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the DriftNoise.com evidently contains illegal contents or infringements against intellectual property rights. Drift & Noise will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. Drift & Noise shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by Drift & Noise's willful misconduct, gross negligence or its failure to fulfill its duty to review as stipulated herein.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRIFT & NOISE, ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DRIFT & NOISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE DriftNoise.com, DRIFT & NOISE SOFTWARE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE DriftNoise.com; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE DriftNoise.com; OR (v) ANY OTHER MATTER RELATING TO THE DriftNoise.com OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY DRIFT & NOISE AND IN CASE OF ITS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
This site is created and controlled by Drift & Noise in Germany. The laws of Germany will govern these TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or Drift & Noise's written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
The failure of Drift & Noise to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
Protecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. Drift & Noise Polar Services GmbH (Drift & Noise) has created this privacy statement to demonstrate our firm commitment to the individual's right to privacy. This policy outlines our personal information handling practices for this website.
Our privacy practices reflect current global principles and standards on handling personal information. These principles include notice of data use, choice of data use, data access, data integrity, security, onward transfer, and enforcement/oversight. Drift & Noise abides by the privacy laws in the countries where Drift & Noise does business.
By using this website, you consent to the collection and use of the information as described here. If Drift & Noise decides to make changes to this Privacy Statement, Drift & Noisewill post the changes on this site so that you will always know what information we collect, and how we use it.
From time to time, as may be required by applicable law, we may also seek your explicit consent to process certain data and information collected on this website or volunteered by you.
To serve you better and understand your needs and interests, Drift & Noise collects, exports, and uses personal information with adequate notice and consent, along with required filings with data protection authorities, when applicable.
We may further collect and process any information and data that you volunteer to us, e.g. when you register for events, subscribe to newsletters, participate in online surveys, discussion groups or forums, or when you make purchases.
The information Drift & Noise collects to understand your needs and interests helps Drift & Noise deliver a consistent and personalized experience. We will use such information only as described in this Privacy Statement and/or in the way we specify at the time of collection. We will not subsequently change the way your personal data is used without your consent, as required by applicable law.
Some of the ways we may use your personal data include, but are not limited to:
We use IP addresses to help diagnose problems, to administer our website, and to gather demographic information. We may also use IP addresses or other information, such as your DriftNoise.com user information you have shared on this website or at any earlier occasion or a campaign code, to determine which pages on our sites are being visited and topics that may be of interest so we can provide you with information about relevant products and services. Generally, Drift & Noise will aggregate such data only in an anonymous way and will not tie it to a particular individual unless he or she has given consent. When you visit our site, we recognize only your domain name.
Drift & Noise may also collect IP addresses (and other technical information such as browser type) during a Click-to-Chat or Click-to-Call sessions that you initiate. This information is collected when you connect to Drift & Noise so that we may identify your session, deliver content based on the technical capabilities of your browser, and for quality control purposes. Your IP address will not be used to identify you unless you provide your prior consent.
Drift & Noise will only gather information related to your visit to the Drift & Noise site. We do not track or collect personal information from your visits to companies or entities outside the Drift & Noise Group of companies.
In addition to the information you provide, Drift & Noise may also collect information during your visit to an Drift & Noise website through automated tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at an Drift & Noise website. Using these tools, Drift & Noise is also able to confirm receipt of emails that the recipient consented to receive, and can track other information such as pages visited on the Drift & Noise site and whether or not the recipient registers for an event offered by Drift & Noise and certain other aggregate data that is not related to a particular individual.
Emails from Drift & Noise often use links designed to lead you to a relevant area on the Web, after redirection through Drift & Noise's servers. The redirection system allows Drift & Noise to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives.
In emails, such links may also allow Drift & Noise to determine if you have clicked on a link in the email, and the information about this interaction may be connected to your personal identity. If you do not want Drift & Noise to collect information about the links you clicked, you can simply choose not to click on the links in an email that Drift & Noise sends you.
If you choose to give us your email address, we will communicate with you via email. We do not share your email address with third parties. You can choose not to receive any more email at any time.
Depending on how your email application is set up, information about you may be transmitted automatically when you send email to Drift & Noise. If you choose to register for third-party services, we may need to send some information from your DriftNoise.com registration to the service provider, possibly including your email address.
Our site includes order forms that you fill out to request information, products, and services. These forms may collect your financial information, such as your banking details or credit card numbers. Drift & Noise promises to use any financial information that you submit solely for billing and payment purposes for that special transaction. This may include the transfer of your data to third parties involved in executing the transaction, such as banks, credit card companies and other financial and credit control institutions.
As a global company, Drift & Noise operates a number of Web sites around the world. Any data and information that you volunteer or that is otherwise collected on one of our sites in any one country may be sent electronically to a server for one of these sites in another country. We safeguard your privacy interests around the world by ensuring that this Drift & Noise site adheres to our data protection principles described in this statement.
We may also share such information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support, or providing you with information on products and services that may be of interest to you.
We only provide these third parties with the minimum amount of personal data necessary to provide the services on our behalf, and the third parties are not permitted to use your personal data except for the limited purpose of completing the requested service or transaction.
We do not sell or rent your personal data to third parties for marketing purposes unless you have granted us permission to do so.
We may respond to subpoenas, court orders, or legal process by disclosing your personal data and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Circumstances may arise where, whether for strategic or other business reasons, Drift & Noise decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve, in accordance with applicable law, the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Drift & Noise's practice to seek appropriate protection for information in these types of transactions.
Drift & Noise is committed to protecting the personal data you share with us. Drift & Noise uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use or disclosure. Drift & Noise supports online security using secure server technology because we want your data to be safe. There are state-of-the-art security arrangements and facilities on Drift & Noise sites to prevent abuse.
We bind our employees to observe your privacy and confidentiality rights.
This site may contain links to other sites. Drift & Noise is not responsible for the privacy practices or the content of other websites outside the Drift & Noise company.
We communicate with users who subscribe to our services on a regular basis via email, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.
Drift & Noise will not retain your personal data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Drift & Noise does not knowingly collect Personal Data from children under the age of 13. If we learn that we have collected Personal Data on a child under the age of 13, we will delete that data from our systems.
Drift & Noise needs your help in keeping the personal data you have shared with us accurate and up to date. If you are a registered user, you may make these updates yourself online via www.driftnoise.com/login.html. You may also make these updates or other changes by sending an email to webmaster@DriftNoise.com.
If you have any other questions about this privacy statement or if you wish to inspect the information we hold about you, please contact: