1. General
Any and all use of the Dream Property GmbH (hereafter referred to as: Dream) Web Site is subject of these Terms of Use. Dream reserves the right to amend, modify or replace these Terms of Use at any time and without further notice. Upon logging-in, or where a log-in is not required, on accessing or using the Web Site, you are accepting these Terms of Use in their current version as basis for the use of this Web Site. Every use of the Dream Web Site is at your own risk.
2. Accessibility of Dream Web Site
User acknowledges that Dream expressly excludes any liability for the continuous availability of the Web Site. Dream additionally reserves the right to stop operating and/or provide partly or fully this Web Site or limit the access to it at any time and without further notice.
3. Use of the Dream Web Site and the Contents and Information provided
All information published by Dream will be provided for the user free of charge unless stated otherwise. Every user may use and document the offered information for his/her own personal needs. Any other use of the information, especially any type of replication, alteration, or integration in any type of publishing or advertisement of any type is only permitted with prior consent of Dream or the particular owner of the information. Dream specifically draws attention to the fact that contents and information can be subject to protective rights; any such protective rights (esp. names and trademarks) shall remain property of Dream at all times.
Contents are not intended for use outside Europe. All information has been gathered and checked by Dream with the greatest care and is supplied by Dream to its best knowledge and belief. As far as the information originates from a third party, it has been adopted without any alteration. Dream does not ensure that its site is without mistakes. Dream’s liability for any damages due to incorrectness, incompleteness, or missing actuality of the information supplied as well as any liability for damages resulting out of any possible misinterpretation of the supplied information by the user is limited to cases of gross negligence or intentional behaviour of Dream.
In addition, while accessing and or using the Dream Web Site the user shall ensure not to engage in any of the following activities:
– breach public morality in its manner of use;
– violate any intellectual property right or any other proprietary right;
– upload any contents containing a virus ore a so-called Trojan Horse, or any other program that could damage data;
– transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
– distribute advertising or unsolicited e-mails (so called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snow-ball system, chain letter, pyramid game or similar activity
Furthermore, Dream is not liable for any damages resulting from any misconduct of the user with the information supplied.
4. Links / Contents and Information of Third Parties
The Dream Web Site may contain Links and references to web pages of third parties. Dream has no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Dream does not have control over the information or contents on such web pages. Neither is Dream liable for the quality, correctness, or completeness of third party information expressly provided on the Dream Web site as third Party information including information supplied by sales partners.
5. Software Download
Any use of Software offered for download by Dream shall be subject to the relevant license conditions of the legitimate supplier or the particular manufacturer (license agreement). These terms will be transferred together with the software and/or are obtainable from the manufacturer/legitimate supplier of the Software. In general user will not be able to install such Software, before or without accepting the relevant licensing terms and conditions provided.
Software offered for download is only intended for private use or testing purposes. Any other use may and will be pursued according to criminal and civil law. Mandatory user rights shall remain unaffected within the particular scope of law as applicable in the respective territory.
DMM is not liable for damages resulting from the use of downloaded data files.
6. Important Notice on Computer Viruses
Although Dream makes every endeavour to keep the Dream Web Site free from viruses, Dream cannot provide any warranty or guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
7. Rules on Password Use and Responsibilities
It is within the User’s sole responsibility to secure any passwords and avoid any misconduct regarding the use of such passwords that he might have received for the use of the Web Site. If the user should discover that his password has been made accessible to an unauthorized person and/or third party or that there might exist any danger of misuse, User shall immediately inform Dream. Dream shall then take measures to block the respective password. Dream shall not be liable in contract, tort or under any legal theory that might considered to be applicable for any damages resulting from the any abuse of any Personal Passwords, unless such abuse was caused through the intentional or gross negligent behaviour of an Dream employee or a third party acting on behalf of Dream. In addition Dream reserves the right, at any time and without having to indicate any specific reasons, to cancel or limit the User’s right to access the password-protected area by blocking its User Data.
8. Limitation of Liability
Dream shall not be liable for any consequential damages, especially lost profits, cancellation of operations, interruption of operations, or loss of data unless such liability should be mandatory at law.
9. Jurisdiction / Applicable Law
The Dream Web Site is operated and administered only in and for countries in which Dream has a business residence. Dream makes no representation that information, software and/or documentation on the Dream Web Site are appropriate or available for viewing or downloading at locations in other countries world wide. If users access the Dream Web Site from other countries, they are themselves exclusively responsible for compliance with all local laws. Access to the Dream Web Site’s information, software and/or documentation from countries, where such content is unlawful is expressly prohibited.
These Terms of Use shall be governed by the laws of Germany. The place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Lünen / Germany.
© Dream Property GmbH