General Terms of Use
(As of: July 3rd, 2017)
1. Validity of the General Terms of Use
1.1 These General Terms of Use apply in their currently valid version for usage of the websites www.paulaner.com (hereinafter referred to as “websites“ for brevity). The service provider is the Paulaner Brauerei Gruppe GmbH & Co. KGaA, Ohlmüllerstrasse 42, 81541 Munich, Germany (hereinafter referred to as "Paulaner" for brevity).
1.2 Any general terms and conditions used by the user do not apply.
2. Use of the website; age restrictions
2.1 The websites are intended exclusively for people residing in the Federal Republic of Germany.
2.2 Persons younger than 18 are not permitted to use the websites. A user confirms his/her age by clicking the box "YES, I am 18 years or older".
3. Availability of the website; authority to edit website
Paulaner strives to keep the website continually online and available. Paulaner however does not guarantee constant availability and is entitled at any time to change individual features or services, either temporarily or for the long term, or restrict access to these services. This applies in particular to the Fan-Shop, the Fan Club, the media database or the premises lease market.
4. Applying or registering
4.1 In general, the websites can be used without applying or registering first. Some of the services available on the websites however require application or registration on the part of the user.
4.2 In registering or making an application, the user should truthfully provide the requested personal details. The user is responsible for the accuracy and up-to-dateness of the details entered. By completing the application or registration form, the user confirms that he/she is an adult and is legally competent. An application or registration can only be successfully completed when all "obligatory" fields have been filled in. Entry of information in the fields labelled "optional" is however not obligatory and not necessary for successful registration.
4.3 Paulaner is entitled to refuse without giving reason any application or registration. In such a case the information entered by the user is deleted.
5. Password
The user is obliged to keep confidential any password assigned to him/her. If the user becomes aware of any misuse of the password, he/she is to inform Paulaner without delay. In the case of misuse of the password, Paulaner is entitled to block access immediately. The user is liable for any misuse for which he/she is responsible.
6. Content provision from the user
6.1 If the user is allowed to add content to the website (such as text or photos, for example promotions) the provisions of section 6 apply.
6.2 The user is obliged not to add content which breaches applicable law or these General Terms of Use.
6.3 Paulaner will not appropriate any content which may be added by the user. Paulaner reserves the right not to publish any content provided by the user or to delete such published content at any time without giving reason.
6.4 At the point in time when the user adds his/her content, the user grants Paulaner non-exclusive, freely assignable rights of usage and utilization with no geographical restriction or restriction in time or of content. This right includes all known and unknown ways of utilization. In particular Paulaner´s rights cover usage for the website, for any other telecommunications media provided by Paulaner, as well as other usages on electronic networks including the internet and intranets, for on-demand services and other demand services, for mobile phone supported applications, audiovisual media, digital media and multimedia products of all types, as well as print media.
Paulaner´s rights in particular include:
- rights to reproduce the content, to make it publicly available and distribute it: that is the right, irrespective of the technology employed and in particular by digital means associated with the website and other telecommunications media, to reproduce content without limit, make it publicly available, and transmit it publicly;
- rights to make available on demand, that is, the right to store content in readiness for making it public and transferring to those who demand it, and to store it in any form of database, digital network, or networks of telecommunication services;
- rights of public reproduction, that is, the right to publicly reproduce the content via audio media or image media, audio-visual media, multimedia carriers, and other data media in all formats, under application of all analogue and digital processes and technologies, commercially or non-commercially, including the right to digitally or non-digitally acoustically reproduce a text;
- editing rights, that is, the right to edit the content while preserving moral rights of authorship, including editing performed by third parties, rights to translate, arrange or otherwise modify the content, including the right to publish or utilize such modified content, and right to reproduce the result in all types of media and in particular print media;
- advertising rights, that is, the right to use such content to promote the websites and promote other telecommunications media or other services from Paulaner or third parties, also via any other media apart from the internet, and in particular print media.
7. Liability for links
7.1 In the case of links to third party telecommunications media which lie outside the responsibility of Paulaner, Paulaner bears liability for linked unlawful content of third parties only where Paulaner is aware of this unlawful content and it is technically feasible and reasonable to prevent access or usage.
7.2 Paulaner has no influence on media content from other service providers accessed through links or via other means. Paulaner does not appropriate the content of such media.
8. Downloads; security measures
8.1 Where the user can download content or applications from one of the websites, the provisions of section 8 apply.
8.2 The user undertakes to comply any terms of use which may have to be accepted before the download proceeds. Unless otherwise agreed, usage of such downloaded material is only permitted for the user´s own purposes. Transferring the content or making the content available to third parties, free or for a charge, for commercial purposes requires prior agreement of Paulaner.
8.3 Downloading and the use of downloaded content or applications is at the user´s own risk.
8.4 Paulaner bears no liability for material defects and defects of title, unless such defect is based on deliberate intent by Paulaner, gross negligence by Paulaner or is fraudulently ignored by Paulaner.
8.5 The user is obliged to avail of measures provided for the security of his/her computer, in particular to use established security settings on the browser, carry out regular data backups and use up-to-date security software for protection from viruses and other malware.
9. Online Fan-Shop
9.1 The Fan-Shop accessible over the internet is operated by the company Holfelder GmbH, Feringastrasse 12 a/b, 85774 Unterföhring, and not by Paulaner. The user´s contractual partner for any legal transactions concerning the Fan-Shop is therefore solely the company Holfelder GmbH.
9.2 The separate General Terms and Conditions of the company Holfelder GmbH apply to the Fan-Shop.
10. Proprietary rights
10.1 The user acknowledges that the websites and content available through them constitute a database and “Datenbank” as understood in section §§ 4 para. 2, 87a para. 1 of the German Copyright Act (UrhG), with Paulaner being the holder of rights. The associated computer programs are subject to protection under sections §§ 69a et seqq. of the German Copyright Act (UrhG). All content is protected by copyright law and copyright belongs exclusively to Paulaner. Existing third party proprietary rights are not affected.
10.2 The rights to all other elements of the websites, in particular usage rights and ancillary copyright of the content provided by Paulaner also belong to Paulaner.
10.3 All trademarks used on the websites are registered by Paulaner or are licensed to Paulaner for usage on the website. Usage of all trademarks and logos is forbidden, unless Paulaner or the owner of the respective trademark have expressly permitted such usage.
11. General limitation of liability
11.1 Paulaner is liable under statutory provisions for injury to life, personal injury or damage to health as well as for damages based on deliberate intent or gross negligence on the part of Paulaner, their legal representatives or one of their agents. Liability under the German Product Liability Act, where applicable, is not affected. Any other liability on the part of Paulaner is excluded.
11.2 The above provisions also apply for the benefit of employees of Paulaner and other agents of Paulaner.
12. Applicable law, preferred language
12.1 The law of the Federal Republic of Germany is the sole applicable law governing any dispute arising from or in connection with these Terms of Use or with usage of the websites, irrespective of the legal basis, but with the exception of all legal norms which refer to another legal order, as well as with the exception of the New York Convention on Contracts for the International Sale of Goods - CISG of 11/04/1980; same applies to the interpretation of these Terms of Use.
12.2 Translations of these Terms into another language, in particular into English, serve only as an aid to comprehension. Only the version in the German language is legally binding.
