Terms of Service

Status: 08.01.2014

Preliminary

Operator of the Internet site www.patent-pilot.com (“Offer”) is Dr. Volker Rürup, Rablstr. 27, 81669 Munich, Germany (“Operator”).

The operator offers internet users the ability to retrieve the contents of the offer free of charge and without obligation. Users can find a help when searching for a patent attorney. However, the offer is also a medium to compare their experience and a platform for patent attorneys to present them-selves.

Registered users can also take advantage of free personalized services. Patent attorneys have the opportunity to present themselves and their field of expertise (“Customer”).

For each use of the offer the notes under I. shall apply. In addition and overridingly, to registered users the notes under II. shall apply. For the provision of paid services for patent attorneys and law firms the Terms and Conditions are applicable, if different from these terms of service.

 

I. Legal terms of usage

1.    Validity

For users who are not registered, these conditions apply in the most recent version at the time of use.

2.    Provision

The operator is constantly striving to ensure proper operation of the offer. However, he is not responsible for continuous usability and availability of the offer and shall not be liable for technical delays, interruptions or failures.

3.    Liability

1.      Own content

The operator is a service provider as defined in § 7 paragraph 1 of Telemediengesetz (TMG) and – according to the general laws – he is responsible for own contents which are available as part of the offering. The operator has created this own content to his best knowledge, however, assumes no liability for its accuracy, completeness or timeliness or their rightfulness. The operator has no influence on the design and / or the contents of any linked external website and has no obligation to check these regularly.

2.      Third-party content

According to §§ 8 to 10 TMG, the operator is not required and not able to comprehensively check and / or monitor the legality of content uploaded by third party as well as investigate circumstances that might point to an illegal activity. This also applies to hyperlinks. The operator does not adopt these contents as his own.

3.      Knowledge of the infringements

If the operator is cautioned to violations of law and / or legal violations, the corresponding content – subject to a comprehensive review – will be deleted immediately. The operator reserves the right to block and / or remove content made available by third parties, including links. The operator is not responsible for external content according to§§ 8 to 10 TMG prior to the time of becoming aware of a specific infringement. The operator shall, in appropriate cases, make a function available by which alleged violations can be reported.

3.    Copyright

The content published under the offer (in particular the texts and images) is subject to copyright. Any reproduction or other use or exploitation of copyrighted content is not allowed without the permission of the copyright holder. However, permitted is a make personal, non- commercial use in the context of the purpose of the offer. Users may retrieve the contents, therefore, save and print for personal use, as long as this does not relate to any commercial purposes directly or indirectly.

4.    Modification or adjustment of the offer

The operator reserves the right to change parts of the offer or the offer as a whole, without prior notice or to cease publication temporarily or permanently. Claims do not accrue to the users thereof.

II Conditions for registered users

1.    Validity

The terms of service shall be applicable in the in the current version at registration. The operator has the right to change these conditions with reasonable notice or supplement. The announcement will be made by e-mail or during login. If a registered user does not contradict within four weeks after he was informed by e-mail or when logging in, the modified or amended terms become effective. If a member contradicts before the deadline, the operator is entitled to terminate the possibility of using at the time at which the amended or supplemented terms and conditions will enter into force, but no earlier than two weeks after the expiry of the opposition period. These effects occur only when the registered user was alluded to the importance of the four-week period and the consequences of a contradiction in the e-mail containing the changed conditions or when logging.

2.    Registration

1.      General

A multiple registration is not permitted.

2.      Registration information

Each user agrees to provide accurate and complete information in connection with its registration and in particular not to violate the rights of others. A violation of the rights of third parties is present, among other things, when personal information or other data of third parties are used without their consent, for example, the name or e- mail address.

3.    Rules for use

1.    General

The rules of a good and respectful interaction with other users apply. No member may violate laws or good morals or the rights of third parties (name, trademarks, copyrights, privacy rights, etc.) when making information accessible while using the offer. In particular, it is prohibited to the members, to directly or indirectly distribute inflammatory, pornographic, youth debilitating, violent or ethnically offensive content, to call for criminal activities or provide instructions for those, or to offend political, philosophical or religious views of any third party. When using the service, the decisions and orders of the operator and their agents, who decide what content violates those principles, are binding to the members.

2.    Access information

The registered users are responsible for the confidentiality of assigned or chosen access information (especially password) and they are responsible for their use toboth the operator and third parties. Each registered user is obliged to inform the operator in the event of unauthorized use of his access information without delay.

3.      No malware

While using the offer, no member may send or save data on a disk of the operator, which are suitable according to their type or nature , size or number, to interfere with the operation of the computer systems of the operator or by a third party or injure third party rights (e.g. viruses, spam e-mails, etc.).

4.      No advertising by registered users

Registered users are not allowed to submit advertising to other users or third parties using the offer in any form. This also refers to the setting of appropriate links and in particular advertising for chain letters, Schenk circles, surveys, pyramid and Ponzi schemes, as well as for the purchase of securities.

5.      No misuse of data

The use of a registry for reading, recording or disclosure of personal data of another registered user for purposes other than the intended use of the service is prohibited. The registered users treat their notice at information about other users, and content of communication as confidential.

6.      Special provisions for reviews

All registered users are obliged to carry out their reviews and related information on the website to the best of their knowledge and belief in a businesslike manner. An impertinent vilification is expressly prohibited. Reviews may only be made personally.

2.    Copyright and related rights

1.    Granting of rights

With the establishment of texts and other potentially copyrighted material, a registered user grants the operator a royalty-free, transferable right to store the material in perpetuity, to reproduce, distribute and make it available to the public. He also grants users of the offer the right to save, print and to use it in online, print and other media for advertising the offer. Material added to the offer may also be highlighted and assessed editorially.

2.    Responsibility of the registered users

It is the sole responsibility of each registered user to acquire the necessary rights for the placement of material in the range of the operator. In general, he has the necessary rights only if he has made the material in question itself.

3.    Consequences of violations

1.             Examination

The operator is not required and also not in a position to comprehensively examine and / or monitor the legality of content uploaded or published by registered users and to investigate circumstances that indicate illegal activity. However, the operator shall perform sampling and reserves the right to check in any case.

2.             Sanctions

In case of violations of these terms, the operator may exclude the respective user temporarily or permanently from the use of the service and delete content and information in question associated to the user. In a culpable violation of the user, he shall be liable towards the operator for compensation for any resulting direct and indirect damages, even pecuniary damage. The user shall indemnify the operator in the event of breach of the provisions of paragraphs 2.b., 3 and 4 from any third party claims that may be asserted against the operator, its legal representatives and / or agents under this offense. All other claims remain reserved.

4.    Liability

1.    General Limitation of Liability

The operator is only liable for damage caused by willful misconduct or gross negligence and for damages resulting from negligent violations of contractual obligations, which allow the execution of the contract and on whose fulfillment the members therefore may (cardinal obligations). In the latter case, the liability is limited to damage foreseeable at the time of contract conclusion. In case of personal injury and within the scope of the Product Liability Act, liability is not limited. The foregoing limitation of liability provisions is applicable for breaches of duty by the legal representatives or vicarious agents of the operator.

2.    Data loss

The registered users shall be responsible for themselves to secure their data at appropriate intervals. In the event of data loss attributable to the operator, he shall only be liable for the expense, which is particularly necessary to fulfill this obligation for recovery.

5.    Term and Termination

1.    Termination of registration by the user

Membership can be stopped at any time by e-mail.

2.    Termination of registration by the operator

The operator is happy about each active user, but reserves the right to terminate the registration without stating reasons within a period of four weeks. Paragraph iv. remains unaffected.

3.    Termination for cause

The right to extraordinary termination for good cause remains unaffected.

4.    Modification and adjustment of the offer

The operator can decide at any time to discontinue individual services or the offer in total or to operate the offer only with costs in the future or modify. In this case there are no claims by the registered user, especially not because of a deletion of uploaded the texts. The user is instead required to personally bear the required backup matters.

6.    Final provisions

  1. The exclusive place of jurisdiction for all disputes arising from this contract is Munich, provided that the member is a merchant or has no general jurisdiction in Germany, and this also applies to the case that the member moved to his place of residence or habitual residence out of Germany or if his residence or habitual residence at the time the action is not known.
  2. Only the law of the Federal Republic of Germany under exclusion of the UN Sales Convention and the German private international law is applicable.
  3. If any provision of these terms and conditions in whole or in part are or become invalid, the remaining provisions shall remain unaffected. Rather, provisions that come closest to the intended purpose will supersede the void provisions. The same applies to incompleteness.

 

Terms and Conditions for Customers

1.      Preamble

Operator of the Internet site www.patent-pilot.com (“Offer”) is Dr. Volker Rürup, Rablstr. 27, 81669 Munich, Germany (“Operator”).

The operator offers internet users the ability to retrieve the contents of the offer free of charge and without obligation. Users can find a help when searching for a patent attorney. However, the offer is also a medium to compare their experience and a platform for patent attorneys to present themselves.

Registered users can also take advantage of free personalized services. Patent attorneys have the opportunity to present themselves and their field of expertise (“Customer”).

2.      Scope

  1. The following agreement settles the relationship between the operator and a customer who uses services charged by the operator.
  2. Conflicting terms and conditions of the customers are not valid, even if the operator does not explicitly contradict their validity and perform the contract.
  3. Other agreements in individual cases need to be in written form, including the repeal of this clause.

§ 3 Conclusion of contract and content of contract

  1. The scope of the service and the compensation which has to be paid by the customer as well as other necessary conditions are set forth in this contract between the operator and the customer. Where this agreement refers to an individual contract with the agreed terms, the most recent version of those terms is part of this contract.
  2. The customer provides an offer to close this contract completing and by submitting a registration form on the website www.patent – pilot.com. The customer is bound by his tender for a period of two weeks after receipt by the operator.
  3. Content of the contract is the membership of the customer on www.patent – pilot.com. Membership entitles the customer to set a profile. To that end, he can attach texts and images to his profile. In case of a Pro profile he is allowed to integrate statistics provided by the operator’s patent database or add statistics manually. In addition, it is possible to point to his law firm’s website for the customer.

§ 4 Prices and services

  1. The operator will charge the customer a fee in exchange for the services provided. He has been notified about fees when sending in the application. Fees are due upon receipt of invoice by the customer for payment without deduction.
  2. All prices are in addition VAT at the statutory rate.
  3. If the customer’s payments for services provided by the operator are in default, the operator has the right to refuse services – in particular he is allowed to temporarily block the information provided and the linking to Web sites of the customer – until such default has been eliminated. The other statutory and contractual rights of the operator remain unaffected by the denial of service due to late payment by the customer.
  4. In case of default, the operator shall charge interest at the rate of eight percentage points above the base rate charged. Claims of higher damages remains reserved.

§ 5 Changes and switches in tariffs

  1. The operator has the right to adjust the fees of a tariff (change in tariff rate) and services offered by written notice to the customers with a notice period of two months to the end of the quarter. When the Customer decides to cancel the contract based on the revised tariffs, he has the right to terminate it in writing at the time of the rate change.
  2. The operator is willing to convert the contract to a tariff with increased performance range (tariff rate switch). The tariff change requires that the customer signs an individual contract for the new tariff.

§ 6 Responsibility of the operator; service disruptions

  1. The operator offers its services on the basis of the current state of the internet and the current technical, legal and commercial frame for data traffic on the internet. The customer is aware that the quality of the data transfer on the internet is depending on conditions and other circumstances – e.g. the conditions on downstream data lines – which the operator has no control of and is not responsible for.
  2. Disruptions to the quality of the data delivery on the internet, which are in accordance with paragraph 1 are outside the scope of responsibility of the operator, leave a compensation of the operator unaffected.
  3. If the operator does not perform his contractual obligations in cases other than those referred to in § 6 paragraph 2 or not in accordance with the agreement, the customer is asked to reprehend this in writing. If the operator does not perform his services properly even after the expiration of a reasonable time after the complaint is filed, the customer has the right to reduce current fees for services for the period and to the extent appropriate, in which the operator has not provided these services after receipt of the written complaint. Besides, the customer has the right to terminate the agreement by giving written form extraordinarily. A termination requires that the customer has placed the operator in written form a grace period of at least one week to provide contractual services and that this grace period has expired to no avail. For damages or reimbursement of expenses, § 11 prevails.

§ 7 Responsibilities of the customer

  1. If the operator has not explicitly taken further obligations in the contract, it is the responsibility of the customer to provide and maintain the necessary technical infrastructure (hardware, software, telecommunications, internal network, own website) for participation up to the content provided by the operator at their own costs. This responsibility also refers to a possible link to related websites and information, pictures and videos of the customer.
  2. The Customer shall provide all information necessary for the proper service receipt in an appropriate form. He is responsible for ensuring that the selected address names (domain, email addresses) are free and do not infringe rights of third parties. The customer is responsible for ensuring that information, images, video and links he has integrated into the profile do not infringe rights of third parties and comply with the legal framework. § 8 of this contract shall remain unaffected.
  3. It is the customer’s own responsibility to create and design all information provided. In addition, he is obliged to ensure that respective professional conducts are maintained.
  4. If the customer’s violations of above mentioned or other cooperation duties and obligations lead to the case that the operator cannot fulfill his obligations, the customer cannot derive any rights against the operator; in particular, the claim for payment remains unaffected.
  5. The Customer shall ensure that IT infrastructure in his sphere is adequately protected by professional measures of IT security

§ 8 Obligations of the Customer

  1. The customer is obliged not to legally abuse the offer and to respect the laws and the rights of third parties. This includes in particular the following obligations of the customer:
  1. The Customer shall ensure that information supplied by himself will not break the legal provisions on the protection of minors, the privacy rights of third parties and the violation of property rights, particularly copyrights of third parties. He omits the introduction of data with immoral content.
  2. The customer is obliged to refrain from an excessive load on the portal by untargeted or improper use.
  1. In the case of breach of the obligations under paragraph 1, the operator is entitled to temporarily block access to the portal, at its option in whole or in part, with immediate effect and he is entitled to suspend other services with immediate effect and / or to terminate the contract without notice.
  2. The customer indemnified the operators of third party claims which are caused by breaches of duty under subsection 1. He has to replace any damage of the operator resulting from such breach of duty.
  3. The customer declares that the information provided on registration are to the best of his knowledge and belief and are checked for accuracy.

§ 9 Copyright and trademark

The copyright for any material created by the operator or in the property of the operator remains solely with the operator. Any reproduction and / or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the operator.

The customer agrees that the users of the offer may save and print the contents made available for private use, as far as this does not follow commercial purposes directly or indirectly.

§ 10 Use by third parties

  1. The Operator grants the Customer under this agreement a use of the portal for its own purposes. The customer is not entitled to leave the access entirely or predominantly to third parties for commercial purposes.
  2. If the customer leaves the access to third parties for use, he shall be liable to the operator for the third parties’ as for his own behavior.

§ 11 Liability

  1. The operator shall be liable for damages or reimbursement of expenses, irrespective of the legal basis (contractual or non-contractual major or minor breach of duty, liability for defects, tort) only in the case of intent or gross negligence. In the event of slight negligence, the operator is liable only if a duty is breached whose fulfillment is essential to the proper execution of the contract. He is also liable for a breach of which jeopardizes the achievement of the contractual purpose and in cases whose compliance the customer regularly trusts (cardinal obligation ). In addition, he is liable in in the case default or original impossibility. In these cases, the liability is limited to the compensation agreed for the respective delivery and service. In other cases of slight negligence, the operator is not liable.
  2. Liability under the Product Liability Act and for personal injury as well as guarantees given by the operator is not affected by the limitation of liability in accordance with paragraph 1.
  3. If the operator is liable under paragraph 1 and 2 for loss of data, – except in case of intent and gross negligence – the liability is limited to the loss of such data, which the customer has backed up in a regular way (at least once a day) that he can reproduce them with reasonable effort. The defense of contributory negligence is always permissible.

§ 12 Confidentiality and privacy

  1. The operator and the customer will keep documents of each other, which are expressly designated as confidential or seen confidential, as confidential and shall protect these carefully from third parties and any unauthorized information.
  2. The operator explains the legal requirements to comply with data protection and to bind others to such obligations when hiring third parties.

§ 13 Termination

  1. This agreement is concluded for an indefinite period. It is terminated with a notice period of four weeks before the end of the current accounting period. The minimum term of this agreement is one year from the closing day. Thereafter, the term is extended by one year.
  2. The premature extraordinary termination for good cause remains both parties reserved.
  3. Any termination must be in written form.

§ 14 clause evidence and burden of proof

Data stored in electronic registers or in electronic form by the operator, are regarded as admissible evidence for the detection of data transfers, contracts and payments effected between the parties.

If the customer claims misuse of his identity, he has to present immediately all him this present facts and evidence to the operator. In the event of breach of this obligation and if there is sufficient evidence for an act of the customer and not a third party present, the customer bears the burden of proving that an abuse of identity exists.

§ 15 Final provisions

  1. Only the law of the Federal Republic of Germany is applied
  2. Jurisdiction is the registered office of the operator.

Should individual provisions of these Terms and Conditions wholly or partially become invalid, this shall not affect the validity of the remaining provisions. Rather, provisions that come closest to the intended purpose will supersede the void provisions.