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Terms and conditions of use for Schleich web pages and digital services and general terms and conditions of participation for games
(last updated November 2011)
Please read these Terms and Conditions of Use carefully before you use Schleich’s web pages or digital services or participate in a Schleich game. They are binding for use/participation.
I. GENERAL INFORMATION
- All data and information has been carefully researched and checked by Schleich or third parties. However, neither Schleich nor third parties can accept any responsibility for accuracy, completeness and up-to-dateness. All information is used solely to inform visitors to Schleich’s website.
- Within the web pages, digital services or other products it may be possible to download files and open them on your computer or other access device. Schleich is not responsible for any damage caused by downloading, saving, installing or opening such files, in particular, due to compatibility problems.
- The respective providers are responsible for web pages, contents or other third-party products to which Schleich refers by hyperlink or otherwise. Schleich is not responsible for the contents of such pages, contents or other products of third parties. Furthermore, Schleich’s website may have been linked by another website hyperlink unbeknown to Schleich. Schleich does not accept any responsibility for representations, contents or any other connection to Schleich in third-party websites.
- Schleich reserves the right to make changes or additions to the provided information, services or other products or remove them without substitution at any time.
- Any use of web pages, digital services, contents and other products is at your own risk. This includes all consequences due to outages or non-contactability. Schleich is not liable therefor.
- The contents and structure of the website, services, contents and other Schleich products are protected by copyright. Schleich reserves all rights. Any use for a purpose other than the intended purpose, especially within the scope of digital services, is inadmissible. Any other reproduction of information or data, especially the use of texts, parts of texts or pictorial material, is subject to the express prior approval of Schleich.
II. SPECIAL CONDITIONS FOR DIGITAL SERVICES
- From time to time Schleich may offer digital services where it is possible to combine pictures, graphics or other contents provided by Schleich with your own contents and to send them or publish them (e.g. via social networks). Such digital services may be e.g. e-cards, wish lists, tools for creating images, apps for mobile telephones and the like. The Special Terms and Conditions of Use below also apply to the use of these digital services.
- Schleich is entitled to change or suspend digital services at any time. There is no legal right to use of services.
- Schleich cannot check the content of contents sent or received by the digital services. Every user of digital services is solely personally responsible for the contents he or she contributes, especially photos, graphics and texts. Each user shall ensure and is responsible for ensuring that the contents he or she contributes do not infringe the rights of third parties, especially no copyrights or other industrial property rights or personal rights.
- Each user shall undertake not to use the digital services to call up or distribute illegal or immoral contents and to comply with the applicable regulations for the protection of minors.
- Each user shall also undertake not to infringe the private sphere of third parties when using the digital services and therefore not to send any annoying, insulting, defamatory, threatening, racist, pornographic or offensive contents under any circumstances. The user may not use the digital services for the purpose of advertising or marketing. Each user is also responsible for ensuring and shall guarantee that messages, especially emails, SMS, MMS and the like, are only sent by means of the digital services with the permission of the respective recipient.
- Schleich does not accept responsibility for any malfunctions or consequences of unlawful access (especially so-called “hacking”) to the digital services and their contents as well as data.
- The digital services do not use any kind of encryption and messages, contents, etc. are sent in an unencrypted state. Schleich would therefore like to point out that consequently the messages, contents, etc. may be viewed or intercepted by third parties. The digital services should therefore not be used to send such contents, information, data, etc. that need to be kept secret.
III. GENERAL TERMS AND CONDITIONS OF PARTICIPATION FOR GAMES
- From time to time Schleich organises games or competitions. What prizes and how they can be won will be defined and communicated individually within the scope of the respective game or competition. Unless the terms and conditions of participation of the respective game or competition otherwise contain any provisions to the contrary, the following General Terms and Conditions of Participation apply additionally.
- Participation is free of charge and irrespective of the purchase of goods.
- Any natural person over the age of 3 is entitled to participate in a Schleich game provided the legal representative approves. Legal representatives and employees of Schleich GmbH and their dependants are not entitled to participate.
- Only one participation in your own name is possible per participant. Any winnings are not transferable. Participation my means of automatic data processing processes as well as the involvement of third parties, e.g. gaming agencies, is excluded.
- Personal data specified by participants within the scope of participation, such as surname, first name, address, age and/or email address, are used by Schleich solely for the purposes of executing and managing the game. The winners are published by name on Schleich’s website. The winner expressly consents to this form of publication.
- Schleich has the right to substitute the announced winnings at any time and replace them with other prizes and to change the course of the game at any time. In these cases the winner has no rights with respect to Schleich.
- In the event of a win the participant declares to Schleich, with the approval of his or her legal representative, that he or she is willing to bear any costs arising through use of the winnings which are not expressly advertised as winnings.
- Schleich will not accept liability for any damage incurred by a participant due to the acceptance or use of the handed over winnings.
- The game may be aborted at any time by Schleich without prior notice and without giving reasons, especially in the event of technical complications.
- Legal proceedings and the cash payment of winnings are excluded.
IV. OTHER GENERAL PROVISIONS
- The liability restrictions specified in Sections I. to III. above in favour of Schleich do not apply in the event of intent or gross negligence on the part of Schleich. In the event of loss of life, personal injury or illness Schleich is also liable for simple negligence.
- Schleich reserves the right to amend these Terms and Conditions of Use and Participation from time to time. Therefore, please inform yourself before any new use or participation whether the terms and conditions have changed.
- In the event of any infringement of these Terms and Conditions of Use and Participation, you shall undertake to release Schleich from any claims of third parties asserted against Schleich.
- Furthermore, in the event of an infringement of these Terms and Conditions of Use and Participation, Schleich is entitled to exclude you from any further use, particularly of the digital services, and/or further participation in Schleich games.
- Schleich takes the protection of its data seriously. The information on data protection which you will find here (Schleich advice on data protection) applies.
- German law applies exclusively to these Terms and Conditions of Use and Participation. Any mandatorily applicable consumer protection regulations at the user’s place of residence shall however remain unaffected. In relationships with merchants the sole place of jurisdiction is Schleich’s registered office.