General Conditions of Use for the Barden Website

1. Scope

1.1
Any use of the web pages (“Barden Website”) offered by The Barden Corporation ("Barden") shall be subject exclusively to these Conditions of Use. By commencing use, the user (“you”) accepts the validity of and agrees to be bound by these Conditions of Use in their current version.

1.2
These General Conditions of Use may be supplemented, modified or replaced in individual cases, at any time and without notice, by further conditions.

2. Contents of the Barden Website

On its Website, Barden has placed non-binding information without any commitment, as well as related documentation and software for calling up or downloading information without any warranties as to completeness. Barden may at any time, in whole or in part, block the Barden Website or change the contents without any prior notice. Because of the basis of the nature of the Internet and computer systems Barden accepts no liability in relation to the uninterrupted availability of the Barden Website.

3. User information submitted

You acknowledge that any notes, drawings, data, ideas, concepts, or other information (“User information”) is not provided to Barden in confidence, that User information is submitted, posted or provided to Barden gratuitously and without expectation of compensation. Barden will be entitled to unrestricted use of the User information for any purpose whatsoever, and Barden can reproduce, disclose and distribute the User information (except for personally identifiable information) to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

4. Trademarks and Copyrights (Intellectual Property)

4.1
All trademarks, trade names, service marks and other contents of the Barden Website are the property of Barden or our third party licensors and may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Barden. Unauthorized use of this intellectual property is expressly prohibited and could be a violation of law.

The information, software and documentation are protected by copyright laws as well as international copyright agreements as well as other laws and agreements related to intellectual property. Barden retains all copyrights in any text, graphic images, and software owned by Barden.

5. References and Links

The Barden Website may contain references and links (hyperlinks) to the websites of third parties. Barden does not accept any responsibility and makes no representations whatsoever for the contents of such websites nor does Barden make the contents of such websites its own as Barden cannot control any information connected by a link and is not responsible for the content and information contained therein. Any use of linked websites shall be at the risk of the user.

6. Warranties and Disclaimer

6.1
Your use of any website content is at your own risk, as the website content is provided by Barden “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, BARDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS AND ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THIS WEBSITE, OR ANY WARRANTIES RELATING TO THE CORRECTNESS, COMPLETENESS, OR ACCURACY OF THE CONTENTS OF THIS WEBSITE. BARDEN MAKES NO WARRANTY RELATING TO THE OPERATION OF THIS WEBSITE.

Insofar as any information, software or documentation is made available at no charge, any liability for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usability except in cases of willful acts or malice are hereby excluded.

6.2
The information contained on the Barden Website may include specifications or general descriptions of technical possibilities of products which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.

6.3
Barden shall endeavor to keep the Barden Website free from all viruses, however Barden makes no warranty as to a virus-free environment. Before downloading any information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the Barden Website use suitable security measures and virus scanners.

6.4
You agree that under no circumstances will Barden be liable for any damages, including any direct, indirect, incidental, consequential, special or punitive damages of any kind whatsoever, whether in contract, tort or warranty relating to your use of or inability to use the Barden website.

6.5
You agree to indemnify, defend and hold Barden harmless from and against all claims, losses, liability, cost, and expenses (including reasonable attorneys' fees) arising from your violation of these Conditions of Use or misuse of the Barden Website, or of any service, product, information or materials provided through the Barden Website. Your obligations under this section will survive your termination of access to or use of the Barden Website.

7. Obligations of Use

7.1
The user may not in regard to the Barden Website:

  • cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
  • act against good morals by its method of use;
  • violate industrial property rights or copyright or other property rights;
  • transmit any contents with viruses or so-called Trojan Horses or other programming which could damage software;
  • provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, malfunctioning or similar or request persons to participate in gambling, snowball games, chain letters, pyramid systems or any other similar actions.

8. Entire Agreement, Place of Jurisdiction, Applicable Law

8.1
These Conditions of Use including any amendments of this clause, constitute the entire agreement between Barden and you regarding your use of this website.

8.2
These General Conditions of Use are governed by the substantive laws of the State of Connecticut, U.S.A. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply.

No waiver of any of these Conditions of Use shall be deemed a further or continuing waiver of such Conditions.

8.3
The individual pages of the Barden Website are operated by and are the responsibility of The Barden Corporation. These pages comply with the requirements of the specific country in which the respective company has its seat. Barden accepts no responsibility that information, software and/or documentation in the Barden Website may be called up or loaded down in places outside of the respective country. If users from countries outside of the respective country use the Barden Website, they are themselves responsible for compliance with the applicable regulations of the respective country.