Terms of Use
General terms and conditions of purchase.
GENERAL TERMS AND CONDITIONS OF PURCHASE
BK Giulini GmbH
Your use of the BK Giulini GmbH website (located at http://www.bkgfood.com), and all associated sites linked to it by BKG Food, on which these terms reside, and the features at this site (collectively, the “Site”) are subject to these Terms of Use. Please read these Terms of Use carefully before using this Site. The Site is owned or controlled by BK Giulini GmbH, its subsidiaries and affiliates, acting through its BK Giulini Gmbh business unit (“BKG Food”). By accessing this Site, you agree to and are bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, do not use the Site.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
BK Giulini GmbH Content
Content on this Site that is provided by BK Giulini GmbH or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“BK Giulini GmbH Content”) is the property of BK Giulini GmbH and its licensors, and is protected in Germany and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any BK Giulini GmbH Content located on the Site in connection with products or services that are not those of BK Giulini GmbH, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of BKG Food or its licensor’s property, or that otherwise infringes BK Giulini GmbH or its licensors’ intellectual property rights. You further agree to in no other way misuse any BK Giulini GmbH content or third party content that appears on this Site.
Use of the Site/User Content
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, or threatening; (b) you will not upload, post, reproduce, or distribute any content, information, software, or other material that infringes on the intellectual property rights or other rights of any third party; and (c) you will not use the Site for any commercial purpose not expressly approved by BK Giulini GmbH in writing.
On certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; that you will not post any content that infringes or violates the rights of any third party; that you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to BK Giulini GmbH a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed, to the extent that such User Content is not deemed a work made for hire under the terms of your employment arrangement with BKG Food. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein.
Account/Site Termination
You understand and agree that you have no ownership rights to the Site or the materials and features therein. BK Giulini GmbH may cancel your account and delete all User Content associated with your account at any time, and without notice, if BK Giulini GmbH deems that you have violated these Terms or the law. BK Giulini GmbH assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.
Indemnification
You agree to indemnify and hold BK Giulini GmbH, its affiliates, parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations of these Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to BK Giulini GmbH or this Site.
Representations and Limitations of Liability
BK Giulini GmbH makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. BK Giulini GmbH makes no representations regarding the amount of time that any Content or User Content will be preserved.
BK Giulini GmbH does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by BK Giulini GmbH without the prior review and written approval of BK Giulini GmbH.
This site is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this site or any information or software therein. Under no circumstances, including negligence, shall bkg foods be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this site, nor shall BK Giulini Gmbh be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond BK Giulini Gmbh’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. Under no circumstances, including but not limited to a negligent act, will BK Giulini Gmbh or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the site, even if BK Giulini Gmbh has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
Third Party Websites
This Site may hyperlink to sites not maintained by or related to BK Giulini GmbH. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or BK Giulini GmbH, and BK Giulini GmbH makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and BK Giulini GmbH has no control over how your information is collected, used, or otherwise handled.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
BK Giulini GmbH’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
BK Giulini GmbH may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and BK Giulini GmbH makes no commitment to update the materials on the Site with respect to such products and services.
Miscellaneous
Both you and BK Giulini GmbH acknowledge and agree that no partnership is formed and neither of you nor BKG Foods has the power or the authority to obligate or bind the other.
You may not use or export or re-export any BK Giulini GmbH Content or any copy or adaptation of such BK Giulini GmbH Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation export laws and regulations.
BK Giulini GmbH reserves the right to change the Terms of this Site at any time without prior notice. When using this Site, you are legally bound by these changes, and we encourage you to read the Terms from time to time.
If any provision in these Terms of Use, for whatever reason, is found in any way wholly or partially invalid, illegal or unenforceable, this will not affect the other provisions of these.
Terms of Use
Any disputes or claims from the Terms of Use are subject to German law. The exclusive jurisdiction lies with the courts of Mannheim, Germany.
These Terms operate to the fullest extent permissible by law. You agree that, to the extent permitted by applicable law, any and all disputes, claims and causes of action arising out of or connected with the web site, these terms, and/or the submission of and/or our use or distribution of content, will be resolved individually, without resort to any form of class action.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Site, and you hereby agree to the terms of that Policy.
If BK Giulini GmbH fails to act with respect to your breach or anyone else’s breach on any occasion, BK Giulini GmbH is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and BK Giulini GmbH and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and BK Giulini GmbH regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
The English language will always control interpretation of these Terms and any translation into any other language will not be the official version of these Terms.