General conditions of use
(Date of issue: 07.05.2013)
1. Scope of these general conditions of use
1.1 The current version of these general conditions of use shall apply to the use of the website www.hacker-pschorr.us (hereinafter known as the “website“). The service provider is Hacker-Pschorr Bräu GmbH, Ohlmüllerstrasse 42, 81541 Munich, Germany (hereinafter known as "Hacker-Pschorr").
1.2 Any general terms of business used by the user shall not apply.
2. Use of the website; age restriction
2.1 The websites are aimed exclusively at people resident within the territory of the United States of America.
2.1 All private individuals who are below 16 years of age shall be excluded from using the website. By clicking on "YES, I am over the age of 16" the user provides the assurance that this statement is true.
3. Website availability; update needs
3.1 Hacker-Pschorr shall attempt to keep the website available. However, Hacker-Pschorr is unable to guarantee permanent availability and shall be entitled at any time to amend or temporarily or permanent disable certain offerings, particularly the shop, or to restrict access to these offerings.
3.2 In the event of any questions or problems, the user can contact the free support hotline. The user shall not have a legal right to support. The contact details for the support hotline are available on the website in the "Contact" section.
4.1 The website may be used without having to register. However, some of the offerings available on the website may require the user to register using his/her name.
4.2 Upon registration the user should provide the requested personal information accurately. The user shall be responsible for the details he/she enter being correct and up to date. By submitting his/her registration request the user issues an assurance that he/she is over 18 and legally competent. A registration can only be completed successfully if all the boxes marked as "mandatory" are completed. Entering information in the boxes marked "Voluntary information", on the other hand, is optional and not necessary for a successful registration.
4.3 Hacker-Pschorr shall be entitled to refuse a registration without giving reasons. In this case the details entered by the user shall be deleted.
The user undertakes to keep any password allocated to him secret. If the user discovers that his/her password has been abused, he/she shall notify Hacker-Pschorr of this without delay. In the event of abuse, Hacker-Pschorr shall be entitled to disable access immediately. The user shall be liable for any abuse for which he bears responsibility.
6. Liability for links
6.1 If the website contains links to telemedia provided by third parties which are beyond the responsibility of Hacker-Pschorr, Hacker-Pschorr shall only be liable for the illegal contents of the third party to which the link leads if Hacker-Pschorr is aware of this illegal contents and it is technically possible and reasonable for Hacker-Pschorr to prevent access to or the use of such contents.
6.2 Hacker-Pschorr has no influence on the contents of the telemedia of other service providers connected by links or other means. Hacker-Pschorr does not accept the contents of such telemedia as its own.
7 Downloads; security precautions
7.1 The provisions of this number 7 shall apply if the user is allowed to download contents or applications from the website.
7.2 The user undertakes to comply with the conditions of use which he/she may have to accept prior to the download. Unless a different agreement is made, the contents of applications may only be used for the user's personal needs. The contents may not be made available free of charge or at a charge or disclosed to third parties for commercial purposes without the prior consent of Hacker-Pschorr.
7.3 The download and use of downloaded contents or applications shall be at the user's risk.
7.4 Hacker-Pschorr shall not accept any liability for property or legal defects unless the defect is due to malice or gross negligence or has been maliciously concealed by Hacker-Pschorr.
7.5 The user undertakes to take reasonable precautions to secure his/her system, in particular to use conventional browser security settings, complete a data backup at regular intervals and to use up to date security software to provide protection from computer viruses and other malware.
8. Online fan shop
8.1 The shop available on the website is operated by Holfelder GmbH, Frankfurter Ring 247, D-80802 Munich and not by Hacker-Pschorr. The user's contract partner for transactions in the shop shall therefore be exclusively Holfelder GmbH.
8.2 The separate general terms of business of Holfelder GmbH shall apply to the shop.
9. Intellectual property rights
9.1 The user acknowledges that the website and the contents available through it constitute a database work and a database in the sense of §§ 4 Para. 2 and 87a Para. 1 of the Copyright Law, which is legally owned by Hacker-Pschorr. The relevant computer programs enjoy the protection afforded by §§ 69a of the Copyright Law. All contents are protected by copyright under the statutory regulations and are owned exclusively by Hacker-Pschorr. Existing intellectual property rights owned by third parties shall not be affected.
9.2 The rights to all other elements of the website, particularly the utility and ancillary copyrights to the contents provided by Hacker-Pschorr shall also be exclusively owned by Hacker-Pschorr.
9.3 All the brands used on the website have been registered by Hacker-Pschorr or have been licensed to Hacker-Pschorr for use on the website. The use of all brands and logos is prohibited unless expressly allowed by Hacker-Pschorr or the relevant owner of the brand.
10. General limitation of liability
10.1 Hacker-Pschorr shall bear liability as specified in the statutory regulations for death, physical injury or health harm and for damage caused by malice or gross negligence on the part of Hacker-Pschorr, one of its legal representatives or one of its agents. Liability under the Product Liability Law, where applicable, shall not be affected. Otherwise Hacker-Pschorr shall not accept liability.
10.2 The provisions above shall also apply in favour of the employees and other agents of Hacker-Pschorr.
11. Applicable law, main language version
11.1 The laws of the Federal Republic of Germany shall apply exclusively to all disputes arising from or in connection with these conditions of use or from the use of the website, regardless of their legal basis, but this shall only apply with the exclusion of all legal standards which relate to other laws and with the exclusion of the UN New York Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980; the same shall apply to the interpretation of these conditions of use.
11.2 Translations of these conditions into another language, in particular the version in English, are for the purposes of understanding only. The version in German is exclusively the legally valid version.