Terms and Conditions

Terms Of Use

TERMS OF USE

1. ACCEPTANCE

This page ('Notice') states the terms and conditions of the site. Please review this Notice carefully. By accessing, browsing, or using the KCIG GmbH, KCIG Engineering GmbH, KCIG Ltd., KCIG Engineering Ltd., KCIG Engineering Spain S.L., bomcom GmbH and Quick Release GmbH ('Use'), all users and viewers ('You', 'you', 'User', or 'user') acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. KCIG GmbH, KCIG Engineering GmbH, KCIG Ltd., KCIG Engineering Ltd., KCIG Engineering Spain S.L., bomcom GmbH and Quick Release GmbH (KCIG) reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically.

2. ELIGIBILITY

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.

3. LICENSE AND INTELLECTUAL PROPERTY RIGHTS

KCIG grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the 'Materials') are exclusive property of KCIG or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Materials, or (ii) use the Materials on other web sites or any media, e.g., networking environment, without KCIG's prior written consent.

All trade marks, service marks, domain names, logos, or other identifiers (the 'Marks') displayed on the Site are exclusive property of KCIG and their respective owners. You shall not use the Marks in any manner without KCIG's and their respective owners' prior written consent.

This Site is protected by copyright, database rights and other intellectual property rights. KCIG or other relevant member of KCIG and, where appropriate, its third party suppliers retain all right, title and interest in and to the Site. Use of the Site does not confer any ownership rights in the Site.

The Site may incorporate third party data, text, images, software, multi-media materials and other content ("Third Party Content") and references to the term "Site" will be taken to include all materials, content and services made available from time to time on the Site whether viewed on screen or downloaded to another computer including without limitation Third Party Content.
All data, text, images, software, multi-media materials and other content provided by you to KCIG via the Site ("Contributions") will become the property of KCIG. User assigns with full title guarantee all rights, title and interest (including copyright, database and other intellectual property rights) in and to the Contributions to KCIG and agrees to do all acts necessary to perfect and maintain KCIG's title in any Contributions. Except where expressly provided to the contrary or as otherwise required by law, KCIG will not be subject to any obligations of confidentiality regarding Contributions.

Except as otherwise specifically agreed in writing or to the extent necessary for User to view the Site in accordance with this Notice, User will not: (i) copy the Site in whole or in part; (ii) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, lend, transfer or in any way exploit the Site in whole or in part; (iii) embed the Site into other products; (iv) use the Site in any timesharing arrangement; (v) create function calls or other embedded links from any software program to the Site; (vi) remove or obscure any copyright or other intellectual property rights notice of KCIG or any of its third party suppliers; (vii) use any Marks of KCIG or any of its third party suppliers; or (viii) save to the extent permitted by law, reverse engineer, decompile, disassemble, or otherwise seek to gain access to the applications or source code of the Site.

4. USER SUBMISSIONS

The Site provides a forum for you to obtain employment and career information. By submitting or entering your information to the Site ('Submitted Material'), you agree that you grant KCIG a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.
You acknowledge and accept that KCIG is only a passive forum for users to obtain employment and career information. KCIG does not screen or monitor any Submitted Materials. KCIG, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. KCIG reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that KCIG considers as unacceptable. In the event KCIG receives notification regarding any unacceptable Submitted Materials, KCIG may investigate such materials, in its sole discretion.

You acknowledge and agree that KCIG may retain copies of your Submitted Materials and disclose your Submitted Materials to third party if KCIG believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of KCIG; (iii) comply with any court order;
(iv) comply with any legal proceedings; (v) assert KCIG's claim under this Notice; and
(vi) satisfy any claims regarding violations of third party's rights.

5. GENERAL PROHIBITION

In connection with your Use, you agree NOT to:
(a) violate any local, state, provincial, European Union, other applicable rules, regulations, and statutes, including, but not limited to, anti-discrimination, or equal opportunity employment laws;
(b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
(c) upload, post, transmit, or store any material that:

is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
breaches any of your contractual or confidentiality obligations;
disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
are not permitted by KCIG, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, 'junk mail', 'spam mail', 'chain letters', pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
(d) violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or 'stalking' another person, sending unsolicited e-mails, and collecting other's personal information;
(e) breach or attempt to breach any security measures of the Site;
(f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without KCIG's prior written consent;
(g) access or attempt to access any account or login of any third party listed on the Site;
(h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
(i) post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, job opening, and company profile;
(j) impersonate any person or entity;
(k) use the Site in any unauthorised way or for any criminal activity;
(l) forge any header information in any electronic posting or mail; or
(m) misrepresent yourself, your affiliation with any third party, or your entity.

6. SPECIFIC USAGE AND RESPONSIBILITIES

In addition to the general prohibitions listed in Section 5, you agree to comply with the following terms.
You further agree to:
(a) use the Site only for lawful purposes in searching for employment opportunities and career information;
(b) provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
(c) post materials that you have all the necessary rights or license;
(d) use your own judgement, caution, and common sense in managing job opportunities and information offered by or obtained from the Site; and
(e) bear the risks of any reliance or use of any Materials or any information provided by any third party.

7. EMPLOYMENT

You understand and agree that KCIG
(a) does not warrant that you will receive any employment or job offers through the Site;
(b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties;
(c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties;
(d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and
(e) is neither your employer nor your agent in any regard. You shall use your own judgement, caution, and common sense in evaluating any prospective employers and any information provided by any third party.

8. LINKS TO THIRD PARTY

The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites ('Linked Sites'). The Linked Sites may not be controlled or monitored by KCIG. KCIG shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between KCIG and the owner of the Linked Sites or any endorsement by KCIG of the Linked Sites. KCIG includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.

9. PRIVACY

KCIG will process any personal information you provide on or through this Site in accordance with its Privacy Statement and any specific terms set out on the relevant part of this Site.

10. COOKIES

KCIG may use cookies to track your access and use of the Site, including but not limited to, registration, submissions and information requests. The "Help" section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, if you disable cookies, some of the Site's features may not be available and your use of the Site may be limited.

11. INDEMNIFICATION

You agree to indemnity, defend, and hold KCIG, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.

12. DISCLAIMER

You acknowledge and accept that:

(A) you assume all risks related to or resulting from your usage, viewing, or access of the site. The site is provided on an "as is" and an "as available" basis.


(B) KCIG expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing or usage.


(C) KCIG expressly disclaims all warranties; (I) that the site and its contents will be error-free or virus-free; (II) that the site will be uninterrupted and secure; (III) that the site will be available at all times; (IV) that the site will meet your requirements; and (V) as to the reliability, accuracy, completeness, validity, or truthfulness of any submitted materials.

13. LIABILITY AND LIMITATIONS OF LIABILITY

You agree to assume all risks associated with, arising out of, or resulting from your use of the site or any submitted materials, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree to release KCIG, its parents, subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the site, your submitted materials, any transactions related to or resulting from your use of the site.


You further understand and agree that in no event KCIG, its parents, subsidiaries, affiliates, and suppliers shall be liable for any direct, indirect, consequential, incidental, special damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or breach or failure of warranty, even if KCIG has been advised of the possibility of such damages. In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages, KCIG's aggregate liability for any damages shall not exceed €10.

14. TERMINATION

KCIG has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. KCIG may also terminate your access to any part or all of the services provided by KCIG on the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the Site. KCIG shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You shall always maintain a copy of your Submitted Materials.

15. GENERAL

You agree that there is no employment, partnership, agency, or joint venture relationship between you and KCIG arising out of or resulting from your Use of the Site.

This Notice constitutes the entire agreement between you and KCIG governing your Use of the Site and is additional to any binding agreement between you and KCIG.

This Notice is governed by the laws of Germany and you submit to the exclusive jurisdiction of the German courts.

You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules or regulations, including, but not limited to, U.S. export laws and regulations.

The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to this Notice shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.

The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.

Sections 4, 6, 10, 12, 13, 14, and 15 shall survive any termination of this Notice for any reasons.

Last updated date: July 2011.

If you need more information regarding the Site or this Notice, please contact:

Mailing Address:
KCIG
Mathias-Brüggen-Str. 164
50829 Köln

Email Address:
info[at]kcig.eu