Terms of Use
As of April 29, 2009
1. Scope of application of the General Terms
1.1 Q-Sensei Corp. ("Q-Sensei") with its corporate seat in 216 Lansing Island Drive, Indian Harbour Beach, FL 32937, USA (c/o Lalisio GmbH, Puschkinstr. 1, 99084 Erfurt, Germany) operates online services at www.qsensei.com (hereinafter the "Services"). Some of these Services require a registration by the user at Q-Sensei (hereinafter the "Special Services"). Other Services can be used without a registration by the user (hereinafter the "General Services"). These general terms and conditions (hereinafter the "General Terms") apply to the General Services provided by Q-Sensei. The Special Services provided by Q-Sensei are subject to the special terms and conditions (hereinafter the "Special Terms").
1.2 Opposing terms by the user are not accepted by Q-Sensei. An explicit objection by Q-Sensei is not necessary.
1.3 These General Terms are made available to the user for downloading. In the event that the General Terms are not available to the user for reasons which Q-Sensei is responsible for, Q-Sensei will, at the request of the user, send the General Terms to the user in writing or as a dataset.
1.4 The user accepts the following conditions by using the website or by downloading data on a data carrier ("Download"). If not otherwise explicitly stated, all further offers which expand or improve the current General Services, including the offer of new General Services, are subject to these General Terms. The General Services are offered in a design found appropriate by Q-Sensei and are subject to their availability.
1.5 Employees of Q-Sensei - except for the executive management - are not authorized to enter into agreements or to make any representations and warranties which differ from these General Terms.
2. Description of General Services
2.1 The General Services contain:
(a) access to personal content of Q-Sensei as well as the procurement of access to data of third parties ("Partners"). Partners, to whom Q-Sensei procures access, are independent providers and not agents of Q-Sensei.
(b) the possibility for the user to edit or supplement the content offered by the General Services. The user may edit and supplement the content only to the extent that the edits or supplements do not violate Sec.6 or to correct typographical, spelling, or similar errors. Further editing is only permissible after obtaining the consent of Q-Sensei.
2.2 If a service is not described or otherwise identifiable as a proprietary service of Q-Sensei, Q-Sensei only assumes the position of an agent between the user and the third party.
2.3 Q-Sensei has the right to amend the provided General Services at any time, especially with regard to technical developments, changes of the business volume, and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
3. Access to Q-Sensei products
Q-Sensei will, to the best of its efforts, ensure full-time access to the General Services. The access to the General Services of Q-Sensei may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency. Nothing in this agreement shall constitute a claim of the user to the access or the use of the General Services provided.
4. Registration
The use of the General Services (searching for content, redirecting to Partners, editing of content provided for editing by Q-Sensei) does not require a registration.
5. Sale of literature and data sets
5.1 Q-Sensei serves as an agent for the sale of literature and data sets through online databases through its Partners. To this end, Q-Sensei only provides the technical platform as well as access to its Partners. The conclusion and the content of an agreement for the sale of goods, rights, or the performance of services, are solely subject to the respective terms provided for by the Partner. Q-Sensei may neither release nor receive any legally binding declarations or services within the implementation or the rescission of an agreement on behalf of the Partner.
5.2 Each Partner is solely responsible for the accuracy of the content provided for in his or her database. This also applies to information by the Partner as to availability, pricing, and time for delivery of the respective source. Q-Sensei does not give any guaranty as to the completeness and accuracy of the product and service information of third parties accessible through Q-Sensei.
5.3 If the user enters into agreements with third parties to purchase goods or services through the internet or other networks, such agreements are concluded between the user and the third party exclusively. The user may raise eventual defences arising from such transactions only with regard to the third party.
6. User-generated content
6.1 The user is solely and exclusively responsible for the content uploaded by him or her ("user-generated content"). The information, opinions and suggestions contained in such user-generated content are not displayed in the name of Q-Sensei but do solely represent the author’s opinion and/or knowledge. Q-Sensei does not scrutinize the individual messages as to their accuracy and validity. Answering the question of another user is not part of the General Services of Q-Sensei but the sole responsibility of the author of such answer.
6.2 In the event that a user uploads content on the Q-Sensei website or participates in a discussion, the user promises NOT to
(a) make any statements violating the law or good moral standards and/or the rights of third parties,
(b) make any statements which discriminate third parties based on their sex, descent, race, sexual orientation, language, home country and ancestry, belief, religious or political views, or because of physical impairment or disease,
(c) upload data of commercial or business content or for any other advertising purposes,
(d) upload data with pornographic content (within the meaning of Sec. 184 of the German Criminal Code (StGB)),
(e) upload data which threatens others,
(f) upload fictitious data,
(g) upload data, which contains viruses, trojans, worms or other programs harmful to the functionality or use of the Q-Sensei websites or the hard- and software of Q-Sensei members,
(h) upload data, photographies, or illustrations that he is not authorized to, or whose copyright or other rights he or she would infringe,
(i) not to delete, supplement, or change content offered by the General Services in a way that infringes the copyright of the content or otherwise distorts or disfigures the content.
6.3 Q-Sensei has the right to block, delete or modify content which
(a) violates Sec. 6.2 above or other provisions of these General Terms,
(b) may impair the use of the General Services for other users due to their length and data size.
7. External Links
7.1 Q-Sensei and third parties may create links to other websites ("Sites") or sources, and may save and publish such Sites or sources on the Q-Sensei website. As Q-Sensei does not have any control over external Sites and sources, Q-Sensei is not responsible for the availability and content of such Sites or sources.
7.2 In the event that content on external Sites or sources causes a violation in the sense of Sec. 6.2 or an impairment in the sense of Sec. 6.3 lit. (b), Sec. 6.3 applies accordingly insofar as Q-Sensei is not obliged to allow links to such Sites or sources and/or may delete or interrupt links to such Sites or sources.
8. Liability of Q-Sensei
8.1 If Q-Sensei uploads content as proprietary service on its websites, Q-Sensei warrants that it is authorized to display such content and to grant the user a right of use to the respective content. To this respect, Q-Sensei is liable pursuant to the provisions of law.
8.2 For damages other than those caused by death or personal injury, Q-Sensei is only liable, as far as they are based on wilful, intentional, or grossly negligent conduct, or in the event of an at least simply negligent breach of a material contractual obligation. Material contractual obligations are obligations where the fulfilment of which is necessary to facilitate the due implementation of the agreement, the violation of which impairs the attainability of the purpose of the agreement and on the compliance of which the user generally relies. Non material contractual obligations are particularly the accuracy, availability and timeliness of the editorial Q-Sensei data, including their technical imprecision and spelling mistakes, as far as the use of the data is not materially impaired thereby.
9. Rights of use
9.1 As to content which is labelled as proprietary service of Q-Sensei, Q-Sensei grants each user a simple right of use to view and one-time copy such content with the copy and paste function of the user’s browser for private purposes. A right to further copy, modify or display the content is not granted to the user.
9.2 The extent to which Q-Sensei grants rights with regards to data provided by Partners is subject to the agreement between the user and the Partner of Q-Sensei. The user also promises vis-à-vis Q-Sensei to respect the limitations contained in such agreement.
9.3 Q-Sensei conveys the right to every user to publish data on the Q-Sensei sites. By uploading data for publication purposes on the Q-Sensei website, the user thereby grants Q-Sensei the non-exclusive right to use, exploit, modify and publish such content to the largest possible extent permitted by law, especially to provide or in any other form publish such content for other users on Q-Sensei’s internet domains. Any other user has the right to use and modify such data for personal purposes. Any further transmission of such data to third parties or their publication is not permitted. A modification of user data may not lead to their distortion.
9.4 Users who upload data on the Q-Sensei Sites warrant that they are entitled to grant Q-Sensei and the other users the rights of use referred to in the above subsection. The users indemnify Q-Sensei, its executive management, employees, and contractors from any and all claims which a third party raises with the allegation that such user has violated third party rights by uploading data on the Q-Sensei Sites and by granting the rights of use referred to in the above subsection.
9.5 If a third party raises any claims against Q-Sensei or a user due to an illegal upload of user data, Q-Sensei may block or delete such user data. If a third party raises a claim against the user based on the upload of data on the Q-Sensei Sites, the user shall promptly inform Q-Sensei accordingly.
10. Use and protection of data
10.1 The user is informed according to Sec. 33 para. 1 of the German Federal Law on Data Protection (BDSG) and Sec. 13 para. 1 of the German Telemedia Act (TMG) that Q-Sensei saves user data in machine-readable form and processes such data according to German data protection law within the scope of the agreement with the user (Sec. 28 para. 1 no. 1 BDSG and stock data according to Sec. 14 para. 1 TMG).
10.2 Q-Sensei automatically collects and saves on its server log files information, which the user’s browser transmits to Q-Sensei. These are: browser type/browser version, operating system used, referrer URL (the previously visited site), host name of the accessing computer (IP-adress), time of server-request. These data may be attributed by individual persons unidentifiable to us. No compilation of this data is made in other data sources, the data is furthermore deleted after a statistical analysis.
10.3 If a user edits any of the contents on the website, the user consents to having his IP address displayed in connection with the version of the data resulting from his editing.
10.4 Q-Sensei uses Mollom to protect its sites and the Services against spam. By posting content on the Q-Sensei sites, the user accepts that the content and other informtaion about the user transmitted to Q-Sensei will be analyzed and stored by Mollom for anti-spam and quality monitoring purposes, in accordance with Mollom's privacy policy.
10.5 If a user reports a violation, the user consents to having his or her e-mail address stored by Q-Sensei in connection with his report.
10.6 In addition, the user is informed that Q-Sensei uses a server, which is provided and operated by Hetzner Online AG subject to a server hosting agreement. However, Hetzner Online AG does not process or otherwise use any data.
10.7 Every user may request information which data are stored about the user, where the data originate, and what purpose the data are stored for.
11. Duties and obligations of the user
11.1 The user shall only upload such data on the Q-Sensei Sites which do not violate Sec. 6.2 of this agreement and which do not violate applicable law, good moral standards or third party rights. The user indemnifies and holds Q-Sensei harmless, its executive management, employees and contractors from all claims, which result from a breach of the aforementioned obligations, or are raised by third parties. It is the user’s obligation to secure the data uploaded by him on the Q-Sensei Sites.
11.2 The user shall not,
(a) upload software or viruses or other information, data or programs which are meant and capable to interrupt, destroy or impair the functionality of computer soft- or hardware or of telecommunication installations,
(b) interrupt the technical processing of the General Services,
(c) interrupt or interfere with the General Services or with the server or networks related to the General Services, and shall comply with provisions, procedures or other rules of network related to the General Services,
(d) collect or save personal data of other users.
12. Cookies
12.1 Cookies are files which are stored on the hard drive of the user and not on the Q-Sensei server. The information contained in such Cookies facilitates the navigation. Furthermore, Cookies may be used to design content according to the user’s personal interests, to implement orders and offers or services, and to inform the user - with the user’s consent - about special offers and new products. Users may avoid the storage of Cookies on their hard drive by adjusting their browser accordingly. If users do not accept Cookies, the functionality of the Q-Sensei General Services may be impaired; Q-Sensei is not liable for impairments of such kind.
12.2 With the user’s consent, Q-Sensei stores the data which Q-Sensei collects from the user in Cookies on the user’s hard disk, and retrieves such information in connection with each further user session. In addition, in the course of ads being served on Q-Sensei's website (e.g. using Google AdSense), third parties may be placing or reading Cookies on the user's hard disk. Data that is collected in conjunction with the use of web beacons for serving ads may be evaluated by third parties.
13. Changes in General Terms
13.1 Q-Sensei posts the General Terms on its websites. These General Terms posted at the websites of Q-Sensei at the time of usage of the General Services exclusively apply to the General Services of Q-Sensei.
13.2 Changes of these General Terms are posted on the websites of Q-Sensei. It is the users's responsibility to regularly take note of the General Terms. If the user does not agree with the General Terms or changes of the General Terms, he or she may no longer use the General Services.
13.3 Terms and conditions which Q-Sensei introduces with regard to newly introduced General Services are not considered as changes of the respective General Terms then in force.
14. Applicable law
This agreement and these General Terms are governed by German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15. Place of performance and jurisdiction
15.1 The place of performance shall be Erfurt, Germany.
15.2 As far as legally permissible, the courts at Erfurt, Germany, shall have exclusive jurisdiction.
16. Severability
If any provisions of these General Terms should be or become invalid, the validity of the remaining provisions shall remain unaffected thereby.
17. German version of these General Terms
The original version of these General Terms has been written in German. In the event that the English version of these General Terms differs from the German version, the German version version shall prevail.
1. Scope of application of the General Terms
1.1 Q-Sensei Corp. ("Q-Sensei") with its corporate seat in 216 Lansing Island Drive, Indian Harbour Beach, FL 32937, USA (c/o Lalisio GmbH, Puschkinstr. 1, 99084 Erfurt, Germany) operates online services at www.qsensei.com (hereinafter the "Services"). Some of these Services require a registration by the user at Q-Sensei (hereinafter the "Special Services"). Other Services can be used without a registration by the user (hereinafter the "General Services"). These general terms and conditions (hereinafter the "General Terms") apply to the General Services provided by Q-Sensei. The Special Services provided by Q-Sensei are subject to the special terms and conditions (hereinafter the "Special Terms").
1.2 Opposing terms by the user are not accepted by Q-Sensei. An explicit objection by Q-Sensei is not necessary.
1.3 These General Terms are made available to the user for downloading. In the event that the General Terms are not available to the user for reasons which Q-Sensei is responsible for, Q-Sensei will, at the request of the user, send the General Terms to the user in writing or as a dataset.
1.4 The user accepts the following conditions by using the website or by downloading data on a data carrier ("Download"). If not otherwise explicitly stated, all further offers which expand or improve the current General Services, including the offer of new General Services, are subject to these General Terms. The General Services are offered in a design found appropriate by Q-Sensei and are subject to their availability.
1.5 Employees of Q-Sensei - except for the executive management - are not authorized to enter into agreements or to make any representations and warranties which differ from these General Terms.
2. Description of General Services
2.1 The General Services contain:
(a) access to personal content of Q-Sensei as well as the procurement of access to data of third parties ("Partners"). Partners, to whom Q-Sensei procures access, are independent providers and not agents of Q-Sensei.
(b) the possibility for the user to edit or supplement the content offered by the General Services. The user may edit and supplement the content only to the extent that the edits or supplements do not violate Sec.6 or to correct typographical, spelling, or similar errors. Further editing is only permissible after obtaining the consent of Q-Sensei.
2.2 If a service is not described or otherwise identifiable as a proprietary service of Q-Sensei, Q-Sensei only assumes the position of an agent between the user and the third party.
2.3 Q-Sensei has the right to amend the provided General Services at any time, especially with regard to technical developments, changes of the business volume, and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
3. Access to Q-Sensei products
Q-Sensei will, to the best of its efforts, ensure full-time access to the General Services. The access to the General Services of Q-Sensei may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency. Nothing in this agreement shall constitute a claim of the user to the access or the use of the General Services provided.
4. Registration
The use of the General Services (searching for content, redirecting to Partners, editing of content provided for editing by Q-Sensei) does not require a registration.
5. Sale of literature and data sets
5.1 Q-Sensei serves as an agent for the sale of literature and data sets through online databases through its Partners. To this end, Q-Sensei only provides the technical platform as well as access to its Partners. The conclusion and the content of an agreement for the sale of goods, rights, or the performance of services, are solely subject to the respective terms provided for by the Partner. Q-Sensei may neither release nor receive any legally binding declarations or services within the implementation or the rescission of an agreement on behalf of the Partner.
5.2 Each Partner is solely responsible for the accuracy of the content provided for in his or her database. This also applies to information by the Partner as to availability, pricing, and time for delivery of the respective source. Q-Sensei does not give any guaranty as to the completeness and accuracy of the product and service information of third parties accessible through Q-Sensei.
5.3 If the user enters into agreements with third parties to purchase goods or services through the internet or other networks, such agreements are concluded between the user and the third party exclusively. The user may raise eventual defences arising from such transactions only with regard to the third party.
6. User-generated content
6.1 The user is solely and exclusively responsible for the content uploaded by him or her ("user-generated content"). The information, opinions and suggestions contained in such user-generated content are not displayed in the name of Q-Sensei but do solely represent the author’s opinion and/or knowledge. Q-Sensei does not scrutinize the individual messages as to their accuracy and validity. Answering the question of another user is not part of the General Services of Q-Sensei but the sole responsibility of the author of such answer.
6.2 In the event that a user uploads content on the Q-Sensei website or participates in a discussion, the user promises NOT to
(a) make any statements violating the law or good moral standards and/or the rights of third parties,
(b) make any statements which discriminate third parties based on their sex, descent, race, sexual orientation, language, home country and ancestry, belief, religious or political views, or because of physical impairment or disease,
(c) upload data of commercial or business content or for any other advertising purposes,
(d) upload data with pornographic content (within the meaning of Sec. 184 of the German Criminal Code (StGB)),
(e) upload data which threatens others,
(f) upload fictitious data,
(g) upload data, which contains viruses, trojans, worms or other programs harmful to the functionality or use of the Q-Sensei websites or the hard- and software of Q-Sensei members,
(h) upload data, photographies, or illustrations that he is not authorized to, or whose copyright or other rights he or she would infringe,
(i) not to delete, supplement, or change content offered by the General Services in a way that infringes the copyright of the content or otherwise distorts or disfigures the content.
6.3 Q-Sensei has the right to block, delete or modify content which
(a) violates Sec. 6.2 above or other provisions of these General Terms,
(b) may impair the use of the General Services for other users due to their length and data size.
7. External Links
7.1 Q-Sensei and third parties may create links to other websites ("Sites") or sources, and may save and publish such Sites or sources on the Q-Sensei website. As Q-Sensei does not have any control over external Sites and sources, Q-Sensei is not responsible for the availability and content of such Sites or sources.
7.2 In the event that content on external Sites or sources causes a violation in the sense of Sec. 6.2 or an impairment in the sense of Sec. 6.3 lit. (b), Sec. 6.3 applies accordingly insofar as Q-Sensei is not obliged to allow links to such Sites or sources and/or may delete or interrupt links to such Sites or sources.
8. Liability of Q-Sensei
8.1 If Q-Sensei uploads content as proprietary service on its websites, Q-Sensei warrants that it is authorized to display such content and to grant the user a right of use to the respective content. To this respect, Q-Sensei is liable pursuant to the provisions of law.
8.2 For damages other than those caused by death or personal injury, Q-Sensei is only liable, as far as they are based on wilful, intentional, or grossly negligent conduct, or in the event of an at least simply negligent breach of a material contractual obligation. Material contractual obligations are obligations where the fulfilment of which is necessary to facilitate the due implementation of the agreement, the violation of which impairs the attainability of the purpose of the agreement and on the compliance of which the user generally relies. Non material contractual obligations are particularly the accuracy, availability and timeliness of the editorial Q-Sensei data, including their technical imprecision and spelling mistakes, as far as the use of the data is not materially impaired thereby.
9. Rights of use
9.1 As to content which is labelled as proprietary service of Q-Sensei, Q-Sensei grants each user a simple right of use to view and one-time copy such content with the copy and paste function of the user’s browser for private purposes. A right to further copy, modify or display the content is not granted to the user.
9.2 The extent to which Q-Sensei grants rights with regards to data provided by Partners is subject to the agreement between the user and the Partner of Q-Sensei. The user also promises vis-à-vis Q-Sensei to respect the limitations contained in such agreement.
9.3 Q-Sensei conveys the right to every user to publish data on the Q-Sensei sites. By uploading data for publication purposes on the Q-Sensei website, the user thereby grants Q-Sensei the non-exclusive right to use, exploit, modify and publish such content to the largest possible extent permitted by law, especially to provide or in any other form publish such content for other users on Q-Sensei’s internet domains. Any other user has the right to use and modify such data for personal purposes. Any further transmission of such data to third parties or their publication is not permitted. A modification of user data may not lead to their distortion.
9.4 Users who upload data on the Q-Sensei Sites warrant that they are entitled to grant Q-Sensei and the other users the rights of use referred to in the above subsection. The users indemnify Q-Sensei, its executive management, employees, and contractors from any and all claims which a third party raises with the allegation that such user has violated third party rights by uploading data on the Q-Sensei Sites and by granting the rights of use referred to in the above subsection.
9.5 If a third party raises any claims against Q-Sensei or a user due to an illegal upload of user data, Q-Sensei may block or delete such user data. If a third party raises a claim against the user based on the upload of data on the Q-Sensei Sites, the user shall promptly inform Q-Sensei accordingly.
10. Use and protection of data
10.1 The user is informed according to Sec. 33 para. 1 of the German Federal Law on Data Protection (BDSG) and Sec. 13 para. 1 of the German Telemedia Act (TMG) that Q-Sensei saves user data in machine-readable form and processes such data according to German data protection law within the scope of the agreement with the user (Sec. 28 para. 1 no. 1 BDSG and stock data according to Sec. 14 para. 1 TMG).
10.2 Q-Sensei automatically collects and saves on its server log files information, which the user’s browser transmits to Q-Sensei. These are: browser type/browser version, operating system used, referrer URL (the previously visited site), host name of the accessing computer (IP-adress), time of server-request. These data may be attributed by individual persons unidentifiable to us. No compilation of this data is made in other data sources, the data is furthermore deleted after a statistical analysis.
10.3 If a user edits any of the contents on the website, the user consents to having his IP address displayed in connection with the version of the data resulting from his editing.
10.4 Q-Sensei uses Mollom to protect its sites and the Services against spam. By posting content on the Q-Sensei sites, the user accepts that the content and other informtaion about the user transmitted to Q-Sensei will be analyzed and stored by Mollom for anti-spam and quality monitoring purposes, in accordance with Mollom's privacy policy.
10.5 If a user reports a violation, the user consents to having his or her e-mail address stored by Q-Sensei in connection with his report.
10.6 In addition, the user is informed that Q-Sensei uses a server, which is provided and operated by Hetzner Online AG subject to a server hosting agreement. However, Hetzner Online AG does not process or otherwise use any data.
10.7 Every user may request information which data are stored about the user, where the data originate, and what purpose the data are stored for.
11. Duties and obligations of the user
11.1 The user shall only upload such data on the Q-Sensei Sites which do not violate Sec. 6.2 of this agreement and which do not violate applicable law, good moral standards or third party rights. The user indemnifies and holds Q-Sensei harmless, its executive management, employees and contractors from all claims, which result from a breach of the aforementioned obligations, or are raised by third parties. It is the user’s obligation to secure the data uploaded by him on the Q-Sensei Sites.
11.2 The user shall not,
(a) upload software or viruses or other information, data or programs which are meant and capable to interrupt, destroy or impair the functionality of computer soft- or hardware or of telecommunication installations,
(b) interrupt the technical processing of the General Services,
(c) interrupt or interfere with the General Services or with the server or networks related to the General Services, and shall comply with provisions, procedures or other rules of network related to the General Services,
(d) collect or save personal data of other users.
12. Cookies
12.1 Cookies are files which are stored on the hard drive of the user and not on the Q-Sensei server. The information contained in such Cookies facilitates the navigation. Furthermore, Cookies may be used to design content according to the user’s personal interests, to implement orders and offers or services, and to inform the user - with the user’s consent - about special offers and new products. Users may avoid the storage of Cookies on their hard drive by adjusting their browser accordingly. If users do not accept Cookies, the functionality of the Q-Sensei General Services may be impaired; Q-Sensei is not liable for impairments of such kind.
12.2 With the user’s consent, Q-Sensei stores the data which Q-Sensei collects from the user in Cookies on the user’s hard disk, and retrieves such information in connection with each further user session. In addition, in the course of ads being served on Q-Sensei's website (e.g. using Google AdSense), third parties may be placing or reading Cookies on the user's hard disk. Data that is collected in conjunction with the use of web beacons for serving ads may be evaluated by third parties.
13. Changes in General Terms
13.1 Q-Sensei posts the General Terms on its websites. These General Terms posted at the websites of Q-Sensei at the time of usage of the General Services exclusively apply to the General Services of Q-Sensei.
13.2 Changes of these General Terms are posted on the websites of Q-Sensei. It is the users's responsibility to regularly take note of the General Terms. If the user does not agree with the General Terms or changes of the General Terms, he or she may no longer use the General Services.
13.3 Terms and conditions which Q-Sensei introduces with regard to newly introduced General Services are not considered as changes of the respective General Terms then in force.
14. Applicable law
This agreement and these General Terms are governed by German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15. Place of performance and jurisdiction
15.1 The place of performance shall be Erfurt, Germany.
15.2 As far as legally permissible, the courts at Erfurt, Germany, shall have exclusive jurisdiction.
16. Severability
If any provisions of these General Terms should be or become invalid, the validity of the remaining provisions shall remain unaffected thereby.
17. German version of these General Terms
The original version of these General Terms has been written in German. In the event that the English version of these General Terms differs from the German version, the German version version shall prevail.
Special Terms
As of April 29, 2009
1. Scope of application of the Special Terms
1.1 Q-Sensei Corp. ("Q-Sensei") with its corporate seat in 216 Lansing Island Drive, Indian Harbour Beach, FL 32937, USA (c/o Lalisio GmbH, Puschkinstr. 1, 99084 Erfurt, Germany) operates online services at www.qsensei.com (hereinafter the "Services"). Some of these Services require a registration by the user at Q-Sensei (hereinafter the "Special Services"). Other Services can be used without a registration by the user (hereinafter the "General Services"). These special terms and conditions (hereinafter the "Special Terms") apply to the Special Services provided by Q-Sensei and apply in addition to the general terms and conditions (hereinafter the "General Terms"), which apply to the General Services of Q-Sensei and which are effective for registered users in the same way as they are for non-registered users.
1.2 Opposing terms by the user are not accepted by Q-Sensei. An explicit objection by Q-Sensei is not necessary.
1.3 These Special Terms are made available to the user for downloading. In the event that the Special Terms are not available to the user for reasons which Q-Sensei is responsible for, Q-Sensei will, at the request of the user, send the Special Terms to the user in writing or as a dataset.
1.4 The user accepts the following conditions by using the website or by downloading data on a data carrier ("Download"). If not otherwise explicitly stated, all further offers which expand or improve the current Special Services, including the offer of new Special Services, are subject to these Special Terms. The Special Services are offered in a design found appropriate by Q-Sensei and are subject to their availability.
1.5 Employees of Q-Sensei - except for the executive management - are not authorized to enter into agreements or to make any representations and warranties which differ from these Special Terms.
2. Description of Special Services
2.1 The Special Services are provided for registered users of Q-Sensei and contain at the moment the possibility for the users to generate watch-lists, to specify search preferences, and to access an archive of their activities on Q-Sensei ("Latest Changes", "Recent Searches").
2.2 If a service is not described or otherwise identifiable as a proprietary service of Q-Sensei, Q-Sensei only assumes the position of an agent between the user and the third party.
2.3 Q-Sensei has the right to amend the provided Special Services at any time, especially with regard to technical developments, changes of the business volume, and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
2.4 Q-Sensei reserves the right to charge a fee for using the Special Services or parts thereof. In such a case, Q-Sensei will timely inform its users about fees and conditions.
3. Access to Q-Sensei products
Q-Sensei will, to the best of its efforts, ensure full-time access to the Special Services. The access to the Special Services of Q-Sensei may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency. Nothing in this agreement shall constitute a claim of the user to the access or the use of the Special Services provided.
4. Registration
4.1 The use of the Special Services of Q-Sensei requires a registration by the user. Nothing in this agreement shall constitute a claim of the user to a registration at Q-Sensei. By registering at Q-Sensei, the user consents to storing the data he or she provides at registration on Q-Sensei's servers. The user may request information about the data associated with his or her account stored at Q-Sensei.
4.2 Only persons who are of legal age may register at Q-Sensei.
5. Password
The user promises to secure that password and user account are not made accessible to third parties or employees of Q-Sensei. The user must ensure to log out of his user account after each session. The user is responsible for all actions initiated by using his password or his user account and which are caused by the fact that the user has negligently, wilfully or intentionally provided a third party with access to his password or his user account. The user promises to immediately notify Q-Sensei about any improper use of his password or user account and about the unauthorized circulation of the password.
6. User-generated content
Q-Sensei has the right to block, delete or modify content which
(a) violates any provisions of the General Terms (especially Sec. 6) and the Special Terms,
(b) may impair the use of the Special Services for other users due to their length and data size.
7. Liability of Q-Sensei
7.1 Q-Sensei is not responsible for the accuracy and the content of information in the registration and/or profile data of the users or for any other user-generated content. Q-Sensei is not liable for potential abuse of such information.
7.2 Q-Sensei has no possibility to verify whether a registered user on the Q-Sensei website actually is the person the user pretends to be. Q-Sensei therefore does not give any warranty as to the actual identity of a user. Users must convince themselves of the identity of another user.
8. Rights of use
If a third party raises any claims against Q-Sensei or a user due to an illegal upload of user data, Q-Sensei may block or delete such user data. Q-Sensei will promptly inform the user of such third party claim. If a third party raises a claim against the user based on the upload of data on the Q-Sensei Sites, the user shall promptly inform Q-Sensei accordingly.
9. Use and protection of data
9.1 If a registered user edits any of the contents on the website, the user consents to having his or her user name displayed in connection with the version of the data resulting from his or her editing.
9.2 If a user registered at Q-Sensei, other users will be able to view the information on his or her profile page. A registered user consents to the informationen on his profile page being visible to other users. Each user may decide which information he or she enters on their profile page.
10. Duties and obligations of the user
The user shall not,
(a) pretend to be another person, pretend to have a relationship with another person or to have any technical or professional skills which in fact he does not have,
(b) upload software or viruses or other information, data or programs which are meant and capable to interrupt, destroy or impair the functionality of computer soft- or hardware or of telecommunication installations,
(c) interrupt the technical processing of the Special Services,
(d) interrupt or interfere with the Special Services or with the server or networks related to the Special Services, and shall comply with provisions, procedures or other rules of network related to the Special Services,
(e) collect or save personal data of other users.
11. Cookies
Cookies are files which are stored on the hard drive of the user and not on the Q-Sensei server. The information contained in such Cookies facilitates the navigation and avoids the necessity that the user has to enter his registration data at any further session.
12. Changes in Special Terms
12.1 Q-Sensei posts the Special Terms on its websites. These Special Terms posted at the websites of Q-Sensei at the time of usage of the Special Services exclusively apply to the Special Services of Q-Sensei.
12.2 Changes of these Special Terms are posted on the websites of Q-Sensei and are sent to the registered user via e-mail. If the user does not object within one month following the receipt of such notice, the changed Special Terms are deemed to be accepted. Together with the notice which contains the changed conditions, Q-Sensei will separately inform the user of his right to object and the consequences of his silence.
12.3 Terms and conditions which Q-Sensei introduces with regard to newly introduced Special Services are not considered as changes of the respective Special Terms then in force.
12.4 If Q-Sensei introduces or raises fees for Services or the procurement of Services already existing, these fee provisions become effective if the user has been notified and does not object to such amendment within one month. The user shall be separately informed about his right to object.
13. Termination of the agreement or parts thereof
13.1 The user may terminate this agreement at any time.
13.2 Q-Sensei may terminate the agreement with the user for good reason at any time. Such good reason includes, but is not limited to, a wilful or intentional breach by the user of the General Terms or the Special Terms or if the user does not remedy a violation after written notification within a reasonable deadline.
13.3 In addition, Q-Sensei may terminate this agreement with the user with two weeks notice.
13.4 Q-Sensei may terminate this agreement with respect to individual Special Services at any time if the agreement between Q-Sensei and a Partner is terminated. In addition, a termination of individual Special Services is permitted within two weeks notice. The termination will be announced on the Q-Sensei sites and will be effective upon expiry of the applicable deadline.
13.5 The termination of this agreement does not affect claims which have vested prior to the termination of this agreement.
14. Notices
If notices are to be transmitted pursuant to this agreement, such notices shall, for evidentiary purposes, be made in writing, unless the law provides for a stricter form.
15. Applicable law
This agreement and these Special Terms are governed by German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16. Place of performance and jurisdiction
16.1 The place of performance shall be Erfurt, Germany.
16.2 As far as legally permissible, the courts at Erfurt, Germany, shall have exclusive jurisdiction.
17. Severability
If any provisions of these Special Terms should be or become invalid, the validity of the remaining provisions shall remain unaffected thereby.
18. German version of these Special Terms
The original version of these Special Terms has been written in German. In the event that the English version of these Special Terms differs from the German version, the German version shall prevail.
1. Scope of application of the Special Terms
1.1 Q-Sensei Corp. ("Q-Sensei") with its corporate seat in 216 Lansing Island Drive, Indian Harbour Beach, FL 32937, USA (c/o Lalisio GmbH, Puschkinstr. 1, 99084 Erfurt, Germany) operates online services at www.qsensei.com (hereinafter the "Services"). Some of these Services require a registration by the user at Q-Sensei (hereinafter the "Special Services"). Other Services can be used without a registration by the user (hereinafter the "General Services"). These special terms and conditions (hereinafter the "Special Terms") apply to the Special Services provided by Q-Sensei and apply in addition to the general terms and conditions (hereinafter the "General Terms"), which apply to the General Services of Q-Sensei and which are effective for registered users in the same way as they are for non-registered users.
1.2 Opposing terms by the user are not accepted by Q-Sensei. An explicit objection by Q-Sensei is not necessary.
1.3 These Special Terms are made available to the user for downloading. In the event that the Special Terms are not available to the user for reasons which Q-Sensei is responsible for, Q-Sensei will, at the request of the user, send the Special Terms to the user in writing or as a dataset.
1.4 The user accepts the following conditions by using the website or by downloading data on a data carrier ("Download"). If not otherwise explicitly stated, all further offers which expand or improve the current Special Services, including the offer of new Special Services, are subject to these Special Terms. The Special Services are offered in a design found appropriate by Q-Sensei and are subject to their availability.
1.5 Employees of Q-Sensei - except for the executive management - are not authorized to enter into agreements or to make any representations and warranties which differ from these Special Terms.
2. Description of Special Services
2.1 The Special Services are provided for registered users of Q-Sensei and contain at the moment the possibility for the users to generate watch-lists, to specify search preferences, and to access an archive of their activities on Q-Sensei ("Latest Changes", "Recent Searches").
2.2 If a service is not described or otherwise identifiable as a proprietary service of Q-Sensei, Q-Sensei only assumes the position of an agent between the user and the third party.
2.3 Q-Sensei has the right to amend the provided Special Services at any time, especially with regard to technical developments, changes of the business volume, and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
2.4 Q-Sensei reserves the right to charge a fee for using the Special Services or parts thereof. In such a case, Q-Sensei will timely inform its users about fees and conditions.
3. Access to Q-Sensei products
Q-Sensei will, to the best of its efforts, ensure full-time access to the Special Services. The access to the Special Services of Q-Sensei may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency. Nothing in this agreement shall constitute a claim of the user to the access or the use of the Special Services provided.
4. Registration
4.1 The use of the Special Services of Q-Sensei requires a registration by the user. Nothing in this agreement shall constitute a claim of the user to a registration at Q-Sensei. By registering at Q-Sensei, the user consents to storing the data he or she provides at registration on Q-Sensei's servers. The user may request information about the data associated with his or her account stored at Q-Sensei.
4.2 Only persons who are of legal age may register at Q-Sensei.
5. Password
The user promises to secure that password and user account are not made accessible to third parties or employees of Q-Sensei. The user must ensure to log out of his user account after each session. The user is responsible for all actions initiated by using his password or his user account and which are caused by the fact that the user has negligently, wilfully or intentionally provided a third party with access to his password or his user account. The user promises to immediately notify Q-Sensei about any improper use of his password or user account and about the unauthorized circulation of the password.
6. User-generated content
Q-Sensei has the right to block, delete or modify content which
(a) violates any provisions of the General Terms (especially Sec. 6) and the Special Terms,
(b) may impair the use of the Special Services for other users due to their length and data size.
7. Liability of Q-Sensei
7.1 Q-Sensei is not responsible for the accuracy and the content of information in the registration and/or profile data of the users or for any other user-generated content. Q-Sensei is not liable for potential abuse of such information.
7.2 Q-Sensei has no possibility to verify whether a registered user on the Q-Sensei website actually is the person the user pretends to be. Q-Sensei therefore does not give any warranty as to the actual identity of a user. Users must convince themselves of the identity of another user.
8. Rights of use
If a third party raises any claims against Q-Sensei or a user due to an illegal upload of user data, Q-Sensei may block or delete such user data. Q-Sensei will promptly inform the user of such third party claim. If a third party raises a claim against the user based on the upload of data on the Q-Sensei Sites, the user shall promptly inform Q-Sensei accordingly.
9. Use and protection of data
9.1 If a registered user edits any of the contents on the website, the user consents to having his or her user name displayed in connection with the version of the data resulting from his or her editing.
9.2 If a user registered at Q-Sensei, other users will be able to view the information on his or her profile page. A registered user consents to the informationen on his profile page being visible to other users. Each user may decide which information he or she enters on their profile page.
10. Duties and obligations of the user
The user shall not,
(a) pretend to be another person, pretend to have a relationship with another person or to have any technical or professional skills which in fact he does not have,
(b) upload software or viruses or other information, data or programs which are meant and capable to interrupt, destroy or impair the functionality of computer soft- or hardware or of telecommunication installations,
(c) interrupt the technical processing of the Special Services,
(d) interrupt or interfere with the Special Services or with the server or networks related to the Special Services, and shall comply with provisions, procedures or other rules of network related to the Special Services,
(e) collect or save personal data of other users.
11. Cookies
Cookies are files which are stored on the hard drive of the user and not on the Q-Sensei server. The information contained in such Cookies facilitates the navigation and avoids the necessity that the user has to enter his registration data at any further session.
12. Changes in Special Terms
12.1 Q-Sensei posts the Special Terms on its websites. These Special Terms posted at the websites of Q-Sensei at the time of usage of the Special Services exclusively apply to the Special Services of Q-Sensei.
12.2 Changes of these Special Terms are posted on the websites of Q-Sensei and are sent to the registered user via e-mail. If the user does not object within one month following the receipt of such notice, the changed Special Terms are deemed to be accepted. Together with the notice which contains the changed conditions, Q-Sensei will separately inform the user of his right to object and the consequences of his silence.
12.3 Terms and conditions which Q-Sensei introduces with regard to newly introduced Special Services are not considered as changes of the respective Special Terms then in force.
12.4 If Q-Sensei introduces or raises fees for Services or the procurement of Services already existing, these fee provisions become effective if the user has been notified and does not object to such amendment within one month. The user shall be separately informed about his right to object.
13. Termination of the agreement or parts thereof
13.1 The user may terminate this agreement at any time.
13.2 Q-Sensei may terminate the agreement with the user for good reason at any time. Such good reason includes, but is not limited to, a wilful or intentional breach by the user of the General Terms or the Special Terms or if the user does not remedy a violation after written notification within a reasonable deadline.
13.3 In addition, Q-Sensei may terminate this agreement with the user with two weeks notice.
13.4 Q-Sensei may terminate this agreement with respect to individual Special Services at any time if the agreement between Q-Sensei and a Partner is terminated. In addition, a termination of individual Special Services is permitted within two weeks notice. The termination will be announced on the Q-Sensei sites and will be effective upon expiry of the applicable deadline.
13.5 The termination of this agreement does not affect claims which have vested prior to the termination of this agreement.
14. Notices
If notices are to be transmitted pursuant to this agreement, such notices shall, for evidentiary purposes, be made in writing, unless the law provides for a stricter form.
15. Applicable law
This agreement and these Special Terms are governed by German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16. Place of performance and jurisdiction
16.1 The place of performance shall be Erfurt, Germany.
16.2 As far as legally permissible, the courts at Erfurt, Germany, shall have exclusive jurisdiction.
17. Severability
If any provisions of these Special Terms should be or become invalid, the validity of the remaining provisions shall remain unaffected thereby.
18. German version of these Special Terms
The original version of these Special Terms has been written in German. In the event that the English version of these Special Terms differs from the German version, the German version shall prevail.
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