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Terms of Use

Last updated: 05/2018

 

1. Object of these Terms and Conditions of Use

imbus AG, Hauptstrasse 8a, 91096 Möhrendorf, Germany (hereinafter referred to as ‘Service Provider’) at www.testtoolreview.de and www.testtoolreview.com provides a platform (hereinafter referred to as ‘Portal’), via which users can access information (such as product descriptions, price information, reviews and experience reports by users) on the international software testing tools market and share it with other users.

The present Terms of Use govern the provision of the information and services by the Service Provider and the terms of using the information and services by users.

 

2. Registration

You may access/download individual content without registering. However, in order to use all information provided on the portal, you will have to register.

You are permitted to register only if you have full capacity to contract. In the case of a legal entity, registration must be made by a person with full capacity to contract who is an authorized representative of that entity.

The mandatory field information you will be asked to provide on the registration form must be provided in full. In addition, you may provide further details on a voluntary basis. All information provided must be correct information. Multiple registration or registration using a pseudonym is not permitted.

Registration is free. There is no legal right to the use.

We reserve the right to limit access to individual sections of the portal to defined groups of users (for instance to the participants in an individual event). In this case, members of the individual user group (or the participants of the individual event) will receive a predefined registration code.

After receipt of your registration, the Service Provider will check whether your registration is complete and plausible. When the Service Provider thinks that your information is correct, and if the Service Provider has no other reservation (for instance, registration with pseudonym and not a name), the Service Provider will inform you by email. Your registration or membership may be rejected without a statement of the reasons thereof.

Upon receipt of the Service Provider’s email, you will be authorized to use the portal under these Terms and Conditions of Use. Your registration will be finalized only upon your prior confirmation of your registration by clicking on a link in a confirmation email sent to you for this purpose (‘double opt-in’).

We use this procedure to ensure that the person registering is the holder of the email address provided.

 

3. Right of Withdrawal

Where the user is a consumer as defined in Section 13 German Civil Code (Bürgerliches Gesetzbuch - BGB), meaning that he or she enters into an agreement of use with the Service Provider for a purpose that neither falls within his or her commercial activities nor his or her professional activities as a self-employed person, he or she is granted a right of withdrawal as set forth in the following provisions. The right to end the use at any time is unaffected.

 

Notice on the right to withdraw:

This contractual declaration may be withdrawn within two weeks, and no reasons for the withdrawal must be stated, in text form (mail, fax, letter). The 2 weeks’ withdrawal period starts upon receipt of this instruction in text form and not before the conclusion of the contract or before the fulfilment of our obligation to inform under Section 312 c Subsection 2 German Civil Code in connection with Section 1 Subsections 1, 2 and 4 of the German Civil Code Regulation on the Duty to Inform (BGB-InfoV) as well as our obligations under Section 312e Subsection 1 Sentence 1 German Civil Code in connection with Section 3 BGB-InfoV.

To meet the withdrawal deadline, it will suffice to send notification of withdrawal in time. Please send any declaration of withdrawal to the following address:

imbus AG, Hauptstr. 8a, 91096 Möhrendorf, GERMANY

Email: info@imbus.de

Fax: +49 9131 7518-50

 

Consequences of withdrawal

In the event of effective withdrawal, any services already received and any use already made must be returned. Should this be impossible, either partially or entirely, compensation for value must be provided within 30 days from sending the notice of withdrawal.

For a service, your right of withdrawal will expire prematurely if your contract partner, upon your explicit consent, started to provide the service before the end of the withdrawal period or if you have instigated the provision of the service.

 

End of the instruction on the right to withdraw

 

4. Updating User Data

You are obliged to keep the data you have provided during registration (including your contact data) updated. If any of the data provided changes during your participation, you will be obliged to immediately correct the information on the portal in your personal settings section. Should this not be possible, please immediately communicate your updated information to the Service Provider via email or fax.

 

5. Registration/Login

After successful registration, you can log into the portal with your access data (email address and password).

Logging in and using the portal after logging in is free.

 

6. Handling Access data and Personal data

Users are obliged to handle their access data with due care and must not make them accessible to third parties. Use of your account by third parties is not permitted.

You are liable under the statutory provisions for any use and/or other activity made with your access data.

You are obliged to immediately change your access data or request new access data from imbus should you think or know that third parties know your access data, in particular your password. Employees of the Service Provider will never request your password.

The Service Provider will store and process your personal data (you have provided on registration and/or submitted when using a service) in accordance with the Data Protection Policy of imbus AG.

Where you publish contributions or content on the platform, any such publication will be marked with your user name, the date and a reference to your user profile by the system. The information will then be publicly visible on the platform and possibly also by external search engines.

 

7. Discontinuation of Use

Users may withdraw or terminate their registration at any time by writing an informal email to datenschutz@imbus.de.

Your access (portal user account) will then be deleted. You will then no longer be able to log into and access the portal.

The contract on the use of the portal is for an unlimited term. Either party may terminate or withdraw from the contract at any time, with no obligation to state the reasons for termination, by sending an email to datenschutz@imbus.de or in written form by post or fax. This will also end the contract relationship.

 

8. Access to Services and Content

On the portal, the Service Provider provides you with diverse information and other services you may use for a fixed term. Such services may include the provision of data, contributions, image and sound files, information and other content (hereinafter together referred to as ‘content’).

  • Non-registered users may read the information, search the information for various criteria or download information.
  • Registered users may also create an individual personal profile and upload own thematic information or experience reports and share and discuss them with other users. You may ask questions, get answers from the community and of course also give answers and tips.
  • Registered employees of a tool manufacturer or tool sales partner may enter and update company and tool data and publish contributions about their tools.
  • You may apply as a moderator/-in for individual tool categories, and after the Service Provider’s consent act as a moderator on the platform.

Currently, only free services are provided on the portal. Should we decide to provide some services and/or features for a fee, any such chargeable services/features will be expressly labelled chargeable and offered to you again as chargeable services/features.

The services and data provided on the portal may include services and data and/or links to third-party content to which imbus merely procures access. Using such services - which are all labelled as third-party services - may be subject to regulations that deviate from or apply in addition to these Terms and Conditions of Use and Participation.

You are prohibited from any act that may impair the smooth operation, the availability or performance of the portal, in particular acts that interfere with or overload the Service Provider’s systems (for instance by automated registration attempts or automated downloads).

The Service Provider is entitled at any time to discontinue the operation of the Testtool Review Portal partially or entirely without obligation to give reasons in case of technical malfunctions; this will not create claims for damages on the part of the user.

 

9. Right of use to available content

Most of the content available on the platform is protected under copyright law or other property rights and is the property of the Service Provider or third parties who have made the individual content available. The very compilation of the content may be protected as a database (‘Datenbank’) or database work (‘Datenbankwerk’) within the meaning of Section 4 Subsection 2 and Section 87a Subsection 1 of the German Act on Copyright and Related Rights (Urheberrechtsgesetz - UrhG). You may use such content only as set forth in these Terms and Conditions of Use.

Your user right is limited to accessing the portal and to using the information and services provided on the portal. You may access and/or download the content provided on the portal for private purposes only unless more extensive use is expressly authorized in these Terms and Conditions of Use or on the portal. This does not apply to information entered by the user her or himself.

You are prohibited from processing, changing, translating, showing or presenting, publishing, exhibiting, reproducing or distributing the content provided on the portal, either in whole or in part. It is also prohibited to remove or change copyright labels, logos and other labels or protection signs. You are prohibited from providing, selling or licensing the content to third parties unless the Service Provider has given you their prior explicit written consent.

Unauthorised use includes in particular any electronic and/or other collection of identity and/or contact data (including email addresses) of members (for instance, for sending emails without request).

You are authorized to download content (‘download’) only if a download option appears on the portal as a feature (for instance, download button), but you have no right to it. You are not authorized to access content otherwise (for instance via API) unless the Service Provider has given you their prior explicit written consent.

You will have only an unlimited and non-exclusive user right to the content that you have rightfully downloaded to use the content for your own, non-commercial purposes. Another prerequisite for being granted a user right in the case of content provided to you for a fee as part of other services (for instance, participation in an event) is the full payment of such services. In all other respects, any and all rights in the content will remain with the original right holder (the Service Provider or a third party).

 

10. Entering Own Content by Users

Where available as a feature on the portal, you may enter and/or upload content on/to the portal in accordance with the below provisions and thus make the content available to third parties:

Each time you enter content, you grant the Service Provider a free and transferable right to use the contents, unlimited with respect to time and place, in particular

  • to store the contents on the Service Provider’s server and to publish them, in particular to make them publicly available (by displaying the contents on the portal, for instance);
  • to process and reproduce the contents where it is necessary to store and/or publish the contents;
  • to translate the contents into English and possibly other languages with the aim to publish the contents on the portal in such other languages too;
  • to grant rights of use - including rights against payment - in your content to third parties in accordance with section 15.

When you remove content you have entered from the portal, the right of use and exploitation granted to us as set out above will lapse. However, we will still be entitled to keep any copies made for backup or documentation purposes. This does not affect any rights in content entered by you that have already been granted to the participants (in particular, downloads of your content made by other users).

You are fully responsible for any content you enter. The Service Provider will not review whether content is complete, correct, legal, up to date or of good quality and whether it fits a specific purpose. You declare and warrant vis-à-vis the Service Provider that you are the sole owner of any and all rights in the content you have entered on the portal, or that you are otherwise entitled (for instance, hold a valid authorization by the right holder) to enter the content on the portal and to grant rights of use and exploitation as set out above.

Users of the portal are obliged not only to comply with the statutory provisions and respect the rights of third parties, but also to respect public morality and show manners. Therefore, you must not enter content on the portal that may be defamatory of other users.

The Service Provider reserves the right to reject the entering of content and/or to edit content already entered without prior notice, to block it or to remove it, if entering the content by the participant or the content entered has resulted in a violation of the section ‘Prohibited Activities’ or if there are concrete indications that there will be a serious violation of the section ‘Prohibited Activities’. However, the Service Provider will respect your legitimate interests and choose the most modest way to defend itself against the violation.

Any legal and contractual issues that arise in connection with the communication between the users during their use of www.testtoolreview.de or www.testtoolreview.com don’t have to be resolved by imbus AG. imbus AG isn´t contracting party or also representative in any form.

 

11. Prohibited Activities

The user is prohibited from any activity on or in connection with the portal that violates applicable law, third-party rights or child protection principles.

Above all, you are prohibited from the following activities:

  • entering, circulating, offering and promoting pornographic content that violates child protection laws, data protection law and/or other law and/or fraudulent content, services and/or products;
  • using content that is offensive to or defamatory of other participants or third parties;
  • using, providing and distributing content, services and/or products that are protected by law or in which third parties hold rights (for instance copyrights), without being expressly authorized to do so;

When you enter your own content on the portal and when you communicate with other participants (when you send private messages, participate in discussion forums or write comments or blog entries or similar, for example), you are also prohibited, irrespective of a possible violation of the law, from the following activities:

  • circulating viruses, Trojans and other harmful files;
  • sending junk or spam mails or chain letters;
  • circulating indecent, lewd, sexually-informed, obscene or defamatory content and/or communication and content and/or communication tending to promote or support racism, fanatism, hatred, physical violence or illegal acts (each either explicitly or implicitly);
  • harassing other participants, for instance repeatedly contacting other participants personally although they did not answer or in contradiction of their answer, or promoting or supporting such harassment;
  • requesting other participants to disclose passwords or personal data for commercial purposes or purposes that are against the law or statutes;

Should you become aware of any use of the portal that is illegal, abusive, against contractual terms or otherwise unauthorized, please contact datenschutz@imbus.de. The Service Provider will then investigate the matter and take appropriate action where necessary.

The Service Provider is authorized and may even be obliged to review your activity and take legal action if unlawful or criminal activity is suspected.

 

12. Content Availability, Change or Termination of a Service, Blocking of Access

The Service Provider may at any time remove, change or update the content from/on the portal, either in whole or in part. Users are not entitled to claim that specific content is available or that it fits a specific purpose. The Service Provider may change or completely discontinue the service at any time.

 The Service Provider may block your access to the portal temporarily or permanently if the Service Provider has concrete indications that you are violating or have violated these Terms and Conditions of Use and/or applicable law, or if the Service Provider has any other legitimate interest in blocking your access.

 On a temporary or permanent blockage, the Service Provider will block your access authorization and send you an email to inform you. On a temporary blockage, the Service Provider will reactivate your access authorization after the expiry of the blocking period and send you an email to inform you.

 A permanently blocked access may not be reactivated. Permanently blocked persons will be permanently excluded from participating in the portal and must not register again with the portal.

 

13. Data Protection and Use of Data

Use of the portal means that personal data will be stored, used and processed. We ensure you that we will handle the stored data with care and will process the stored data strictly as provided for in the user’s declaration of consent to the processing of his/her data.

 The user agrees that the personal data he/she provides during registration with and use of the portal will be stored and processed by Imbus AG. This also extends to the storage of IP addresses that are transmitted upon any use of the portal.

 Please read our Data Protection Policy for further information on how Imbus AG is using personal user data.

 

14. Limitation of Liability

imbus AG’s precontractual, contractual and extra-contractual liability for free services is limited to wilful intent and gross negligence. The present liability regulations also apply where imbus AG is liable for fault on the part of their assistants in performance.

 We expressly accept no liability that the information and data provided is correct, up to date or complete.

 The above limitation of liability does not apply in cases where fraudulent intent is involved, in cases of bodily or personal injury, where guarantees are violated and in the case of claims under product liability law.

 

15. General Provisions

 If you want to make a declaration, that’s not regulated by this terms of use and which concerns the participation or use of our download section, so please send us your declaration to the following address:

 imbus AG, Hauptstr. 8a, 91096 Moehrendorf, GERMANY

 Email: info@imbus.de

 Fax: +49 9131 7518-50

Should any one or several provisions of these Terms and Conditions of Use be or become invalid, the validity of the other provisions will not be affected.

These Terms and Conditions of Use and participation are governed by the law of the Federal Republic of Germany, to the exclusion of UN sales law (Convention on Contracts for the International Sale of Goods, CISG ).

The legal venue for all disputes arising from or out of this contract, independent of the legal basis thereof, is the registered place of business of Imbus AG at the time the contract is concluded. This agreement on the legal venue only applies where a user is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch - HGB). The consumer regulations remain unaffected.