General Terms and Conditions of Use for Online Services of ift Rosenheim
Index & Download
(1) These General Terms and Conditions of Use shall apply to all content of the portal www.ift-rosenheim.com, for all services for which registration is mandatory and which are provided at www.ift-rosenheim.com and all sub-domains of ift Rosenheim as well as any supplements or amendments. The use of the www.ift-rosenheim.com portal is permitted based solely on these conditions. Users accept these conditions with their login or ‒ in case the areas used are those for which login is not required ‒ by using the portal. The Operator of this portal www.ift-rosenheim.com is ift Rosenheim GmbH, hereinafter referred to as the "Operator".
(2) The Terms and Conditions of Use can be retrieved online and printed whenever desired. They apply to any single or on-going content or services, provided that no other specific regulations are applicable.
(3) In addition to the General Terms and Conditions of Use, the General Terms and Conditions of ift apply, provided that "ift" refers to ift Rosenheim GmbH. The same applies to the conditions and guidance for the use of all ift test documentation (including the ift logo and icon) as well as ift literature.
(4) Insofar as special services are provided apart from information at www.ift-rosenheim.com, additional special terms and conditions of use may apply. In case of a conflict between these more specific terms and conditions and the respective General Terms and Conditions, the former shall take precedence, otherwise they shall supplement the General Terms and Conditions.
(5) If services are provided by cooperation partners or third parties, their respective General Terms and Conditions shall be supplementary, but shall have precedence. The attention of the user shall be drawn to this separately. In case of services being provided to the user by third parties via www.ift-rosenheim.com, any contractual relationships arising shall be solely between the user and the third party.
(6) Any terms and conditions that are contradictory or deviate from these Terms and Conditions of Use shall be invalid.
(7) The Operator reserves the right to modify these Terms and Conditions of Use for and ift members at any time without notice. Such modification may be on account of amendments in legislation or modifications to services or contents provided by the portal. The Operator shall give notification on the portal of any amendments to these Terms and Conditions of Use in time ‒ at least four weeks before they come into effect. If the registered user and / or the ift member do not object to these amendments within four weeks of their announcement, they shall come into effect. If the registered user and / or the ift member object to the amended Terms and Conditions of Use, the Terms and Conditions of Use applicable so far and / or the existing contractual regulations shall continue to apply. If the Terms and Conditions of Use are not agreed, the ift Rosenheim reserves the right to terminate the use for registered users or ift members. The terms and conditions of use at the time of the respective use of the portal shall apply for non-registered users.
(1) Online access to the Internet is a prerequisite for using www.ift-rosenheim.com. Access to the Internet may be associated with dial-up and / or phone charges (cf. § 8 (6)) of the respective provider.
(2) Users must be of legal age to be entitled to use the services provided by our portal.
(1) Within the framework of the portal, the user can get information on windows, facades, glass, doors and gates as well as their accessories (fittings, seals, building materials etc.). Users may book seminars and events and purchase technical literature from our online literature shop. Moreover, ift Rosenheim GmbH provides various services that are supplemented continuously. All new services provided by the Operator, which supplement and / or improve the scope of services provided so far, are also subject to these Terms and Conditions of Use as well as the General Terms and Conditions of ift Rosenheim GmbH.
(2) The use of all services within the public and freely accessible area of the portal is free of charge, unless otherwise mentioned in the respective services. The Operator expressly reserves the right to levy charges for individual services at any time.
(3) Users must register (cf. §4) to be able to use specific services and / or they must be ift members, whereby ift members, too, are obliged to register (cf. § 4).
(4) Every user and every visitor to the www.ift-rosenheim.com portal may retrieve or download any documents that are freely accessible such as research reports in the form of existing brief reports and annual reports, technical articles, interviews, press releases or consumer information and certificates.
(5) Registered users (§ 4) and ift members may retrieve and download existing test certification and calibration documentation of their own company as well as ift literature, technical information, research and test reports via the www.ift-rosenheim.com portal. Furthermore, they can exchange documents with the operator via an upload and download process, ie. the user can upload documents that the operator can download again, conversely, the operator can provide documents generated by him for the user (upload), which they can download then. The exchange of documents takes place via the applications / instances ift-Cloud and iftFEM. Moreover, ift members may also retrieve and download volumes of conference proceedings of the International Rosenheim Window & Facade Conference, technical information as well as research reports free of charge. Additionally, ift members have access to the members' magazine "ift impulse" and to news about standards, the technical dictionary, and the list of members of our Institut für Fenstertechnik e.V. (Registered Association) as well as the drafts of ift guidelines.
(6) Retrieving and downloading test, certification and calibration documents as well as the document exchange is free of charge for registered users (cf. § 4) and ift members, unless otherwise mentioned for the respective services. Retrieving and downloading technical information and research reports are free of charge for ift members, but all other users need to pay a fee. The Operator expressly reserves the right to introduce fees for individual services at any time. Retrieving and downloading articles from the literature shop is chargeable for all users; ift members are eligible to a discount on all articles.
(7) The Operator is authorised to disable or modify access to the website / portal or to change it in any other way at any time without prior notification at Operator's own discretion.
(8) The information, provisions and services of the Operator are provided to the user subject to availability. Temporary operational interruptions or limited operation based on customary maintenance work, for the execution of which the Operator is authorised at any time, advanced developments, system-imminent failures of the Internet with third party providers or network carriers or based on force majeure conditions may be possible. Moreover, users are not entitled to claim proper access to the portal or uninterrupted usability of and / or accessibility to the services. This is particularly applicable provided that access to the services is prevented by interruptions, which are beyond the Operator's responsibility.
(1) Prior registration (possibly as a portal customer) and the creation of a user account are necessary to use of specific services, especially retrieving and downloading test, certification and calibration documentation as well as ift literature, technical information and research reports. For this purpose, users must register by entering the requested data (surname, first name, email address and name of the company administrator on activation of "My ift") in the input screen after which they receive a password-protected user account. Users are obliged to enter all data in the input screen honestly, accurately, up to date and completely, and to update the data if necessary, so that they remain honest, accurate, updated and complete. After registration is complete, the Operator will send a password to the email address specified by the user. At the time of first access the user will change the password received to one known to no-one else.
The Operator cannot entertain any claim to registration. The Operator reserves the right to charge fees in the future for any services that have been free of charge so far.
(2) The user is obliged to maintain secrecy of the user name and password. In case of violations against this obligation of confidentiality the Operator is entitled to disable the user temporarily or permanently from the use of the services.
(3) The user is liable for all purchases, retrievals, downloads or any other activities undertaken with this user name. The owner of the user account and / or the password owner shall be charged for all orders of documents, services and other products.
(4) Users must report any misuse of their user data and / or any relevant suspicion thereof as well as any loss of this data to the Operator promptly and in writing. In a timely manner after the receipt of such a notification, the Operator will block access to the password-protected area for this user name. Only after ensuring that the misuse has ceased and does not exist (any longer) or after any relevant suspicion has been put to rest, the blocked account may be released at the user's request or after a new registration.
(5) The Operator has the right to revoke access authorisation to a user by blocking the access data without having to specify any reasons. This right exists particularly if the user has furnished incorrect information at the time of registration or has violated due diligence in handling the access data, or violated these terms and conditions and / or has violated the applicable regulations for access to or use of the www.ift-rosenheim.com portal.
The Internet is a system that can be accessed publicly. The disclosure of information over the Internet by the users takes place at their own risk. The data may get lost or fall into the hands of unauthorised persons. No claims made by the user regarding compensation from the Operator shall be entertained. The operator offers appropriate protective measures to ensure the secure transport of the information and the corresponding protection of the IT systems of the operator. The necessary measures have been taken and implemented.
It is the user's responsibility to ensure that unauthorised persons do not obtain access authorisation or any copies or reproductions (cf. § 9 (4)) made by the user or any authorised secondary users or get to know the content of the data in the database. Sharing the user name and / or password with unauthorised third parties is not permissible.
(2) Furthermore, the user undertakes to keep the user name and password confidential, not to disclose them and not to tolerate and / or enable any disclosure of the same, and to report any misuse promptly to the Operator (cf. § 4 (4)). Although the user or his company administrator is responsible for the administration of all authorized persons of his company (cf. § 4 (3)), the registered user assures to inform the Operator promptly in writing if any employee authorised to use the portal www.ift-rosenheim.com and having had relevant access data has left the organisation.
(3) The registered user undertakes to name the responsible company administrator for the activation of "My ift" with the document center and, if applicable, the members' area, ie upon registration (cf. § 4 (1)). The user or his company administrator is responsible for the administration of all authorized persons of his company. The user has to take care of this and is responsible for ensuring that only authorized persons have access to the closed customer area "My ift" with the document center and, if applicable, the member area. Furthermore, the user or his company administrator is obliged to remove former employees. In addition, by assigning roles to authorized persons, he can grant access to the various areas in the document center.
(4) The user shall indemnify the Operator against any damages that the Operator may suffer as a result of a breach of contract by the user or as a result of claims made by third parties on account of actions by the user that constitute a breach of contract.
(5) If the registered user or an ift member supplements the existing test, certification and calibration documentation of their own company with additional information, which is stored on the www.ift-rosenheim.com portal, the user / ift member shall be solely responsible for the modified content of the test, certification and calibration documentation. The Operator is not obliged to check the correctness, completeness and legality of such supplements. The registered user / the ift member shall be liable if the contents violate any legal regulations, third party rights and infringe on the rules of good conduct. In particular, the registered user / the ift member should not post any content on the www.ift-rosenheim.com portal or refer to such content that may infringe upon or compromise the personal rights of a third party or which is or may be considered as slanderous, damaging to the business or obscene, offensive, defamatory, improper, glorifying violence, pornographic, racist, inciting, xenophobic or otherwise reprehensible.
(6) The user shall pay for the cost of the terminal devices as well as for telecommunication charges.
(7) Furthermore, the user is prohibited from rendering the functionality of the portal www.ift-Rosenheim.de or third parties by means of technical acts (such as the execution of scripts, hacking attempts, spreading of viruses, worms, Trojans, brute-force attacks, etc.) or to try to impair it.
(1) The user may utilise the information, documents and services provided on the www.ift-rosenheim.com portal to the extent that has been agreed to, or if not agreed, to an extent that complies with the intended purpose of the Operator.
(2) All rights, especially the rights of intellectual property and the rights of use of the online services and all services provided, documents, test reports, technical information, research reports and uploaded literature are exclusively the rights of the Operator ‒ not the user.
(3) The respective online application and / or the respective services offer should not in any way (and not with the help of the source code) be changed, copied, distributed or transferred to any third parties without the express consent of the Operator.
(4) Users shall save and use data, documents and information only with express authorisation within the framework of the respective contract agreement regarding the use of the online content and only for their own, internal use. Users may make paper copies and other reproductions (downloads and printouts) of specific data, documents and information only for their own, personal and / or private use provided that these copies and reproductions do not exceed seven in number. Attention is drawn separately to making copies / reproductions.
No user should make paper copies and reproductions (downloads and printouts) of any documents or articles provided in the online literature shop.
(6) Any translation, editing, arrangement and other re-design is prohibited. In case of suspicion of misuse or any other breach of contract, the Operator reserves the right to investigate and to take appropriate precautions and / or to block the user temporarily or permanently from using the portal and to block his access data. Any claims for compensation of damages suffered by the Operator shall remain unaffected by this.
(7) Users must not remove copyright notices, brand names and other legal reservations in the data and they must ensure the acknowledgement of the copyright. Furthermore, they must not change, copy, reproduce, sell, rent, use, supplement or use in any other way brand names and other content of the portal www.ift-rosenheim.com unless the Operator has granted prior consent in writing.
(1) The Operator is not liable for the correctness and completeness of the content provided by the user.
(2) The Operator provides data, documents and information to the user for retrieval and use. The Operator does not assume any liability and / or guarantee for the correctness, error-free condition, completeness, reliability and updated status as well as for the usefulness and / or for the usability of the retrieved data, documents, information, research and test reports and / or their non-protection and copyright by third parties.
(3) If the Operator provides the user with data, documents and information free of charge, then the Operator ‒ with the exception of cases of wilful intent and fraud ‒ shall not be liable for defects and legal deficiencies in these data, documents and information.
(4) Any claims for the compensation of damages suffered by the user, regardless of the legal grounds, are excluded, especially on account of violation of debt obligations or from prohibited actions. This shall not apply in the case of mandatory liability, for example, in accordance with the Product Liability Act (Produkthaftungsgesetz), in cases of wilful intent, gross negligence, for injury to life, body and health, on account of accepting a guarantee for the existence of a characteristic or the breach of significant contractual obligations. The compensation for the breach of significant contractual obligations, however, is not limited to the foreseeable damage that is typical of a contract, provided that there is no wilful intent or gross negligence or that there is liability for physical injuries or on account of transfer of a guarantee for the presence of a characteristic. There is no change in the burden of proof to the disadvantage of the user connected with the above provision.
(5) Since the Operator does not have any influence on the transport of data via the Internet, he does not assume any liability for technical faults while accessing the Internet. Moreover, the Operator neither provides guarantee that the interactive actions reach the user correctly and with a certain speed of transfer, nor that access to the Internet is ensured at all times.
(6) There may be restrictions related to the use of the system during system maintenance or in case of faults of the system or in the public power grid. The user is not entitled to file claims of any kind against the Operator, provided that maintenance work or a fault in the public power grid has led to the unavailability of the respective online service and / or the www.ift-rosenheim.com portal.
(7) Based on the technical situation, which results from the connection to the Internet, the Operator cannot guarantee that the bi-directional flow of information will not be intercepted and / or recorded by third parties. Hence, the Operator does not assume any liability for data security outside his sphere of control. For events causing damage or loss ‒ for example, any loss of data, which may occur during transmission and outside the Operator's sphere of control, he does not accept any liability either.
(8) Although the Operator operates the www.ift-rosenheim.com portal in accordance with the latest technical and organisational security standard, the Operator does not guarantee that the portal is free of viruses. Thus, users are responsible for their own protection. They must provide reasonable security measures prior to downloading any data, information or documents; there is no change in the burden of proof to the disadvantage of the user related to this provision.
(9) The www.ift-rosenheim.com website is linked to the external websites of third parties. ift Rosenheim GmbH does not have any control over the contents of websites that are linked directly or indirectly. The respective providers or operators are responsible for the correctness of the content of the external websites; this is why ift Rosenheim GmbH does not assume any liability for them. Provided that the websites are not the websites of organisations affiliated to the Operator, ift Rosenheim GmbH does not claim the content of such linked external websites to be its own, but distances itself from these linked websites.
(1) There are no supplementary agreements to these terms and conditions of use. Amendments or supplements to the terms and conditions of use, including amendments to this clause must be in writing for them to come into effect.
(2) If any provision of this agreement or part thereof is or invalid or ineffective or if they lose their legal validity subsequently, the validity of the remaining provisions / regulations of this agreement shall remain unaffected. Invalid / ineffective provisions must be superseded by those that come closest in meaning to the intended regulation. The same applies to the occurrence of any loopholes that require legal interpretation.
(3) Provided that the user is a merchant in the sense of the German Commercial Code (Handelsgesetzbuch), the court at Rosenheim shall have legal jurisdiction.
(4) The law of the Federal Republic of Germany shall apply to all legal relationships arising out of these terms and conditions, with the exclusion of the UN CISG (Convention on the International Sale of Goods).
Index & Download
ift Rosenheim GmbH, hereinafter referred to as "ift" or "operator", carries out product tests in its laboratories - after receiving the corresponding order from the client -, records these and gives the client, hereinafter referred to as "user", the opportunity to follow the testing of its products via live video streaming on the live streaming website www.ift-arena.de.
(1) The precondition for using the live streaming website www.ift-arena.de and tracking live tests is access to the Internet. The provision of Internet access and the software required for this is not the subject of the services provided.
(2) The following technical requirements must also be met for the use of the live streaming website www.ift-arena.de and the viewing of live tests:
(a) A computer, notebook, tablet or smartphone with fast Internet access and a modern browser in the latest version are required to access the live stream.
(b) For reception of the live stream, at least DSL 6000 is required; for HD streams, at least DSL 16000 or comparable.
(c) Mobile terminals must have sufficient UMTS/LTE/HSDPA reception with a download bandwidth of 6000 KBit. It should be noted that a live stream results in considerable data transfer, which can cause considerable costs, especially for mobile devices with limited monthly transfer volumes; the costs are borne by the user.
(3) It is the responsibility of the user to lay the aforementioned technical conditions. He has to bear the costs for the terminal equipment as well as the telecommunication.
(4) Another precondition for the tracking of the live test is that the user informs the operator in writing when commissioning the test, but at the latest one day before the test, that he wishes to see the testing of his product(s) on the live streaming website www.ift-arena.de and that he requests the necessary login data (cf. § 4) in sufficient number (in writing).
(1) The operator carries out product tests in his laboratories - after the user has commissioned him to do so.
(2) The user and any person equipped with a corresponding access authorisation (hereinafter referred to as "authorised person") can follow the testing of its products via live video streaming via the live streaming website www.ift-arena.de. The precondition for this is that the user or authorised person logs into the live streaming website www.ift-arena.de. For this purpose, the user and each authorised person require a link and a personalised login (cf. § 4).
(3) As long as the link is active, the user or authorised person can observe and see the test. The operator is responsible for the activation or deactivation of the link.
(4) Watching/tracking live video streaming is free of charge for users and authorised persons. The operator reserves the right to charge a fee at any time.
(5) The operator records the product tests and archives these records insofar as he is obliged to do so by the relevant standard for the respective test. If the operator is obliged to record and archive the product tests, the user can obtain a copy of the test recording on DVD or via ift Cloud upon written request. The compilation and sending of a copy of the test record is free of charge. However, the operator also reserves the right to charge a fee at any time in this respect. The user may only use the (copy of the) test recording to the extent set out in § 5.
(6) The operator is entitled, at his own discretion and without prior notice, to discontinue or change his portal, the live streaming website www.ift-arena.de as well as the live streaming of tests at any time or in any other way.
(1) In order to be able to follow the live video streaming of its products, the user or the authorised person must log into the live streaming website www.ift-arena.de. For this purpose, the user and each authorised person need a link and a personalised login for the live streaming website
(2) The user receives on written request from the operator in separate emails the link and the necessary login data (in sufficient number). The user must request the login data in writing at the latest one day before the test (cf. § 2 No. (4)). He must inform the operator of the number of personalised logins required. The registration of several users with one login and/or the passing on of login data to third parties is not permitted.
(3) For each session, i.e. for each test, the operator assigns new login data, which he transmits to the user or his authorised users by email upon request. This does not apply if several tests of the user's product(s) are carried out on one or two consecutive days. In this case no new login data will be generated, but the already existing login data can be used for several sessions on this day/these days.
(5) The user or the authorised person is obligated to keep the login data secret. If he/she violates this confidentiality obligation, the operator is entitled to temporarily or permanently exclude the user and/or the authorised person from the use of the live streaming website www.ift-arena.de. Any claims for damages remain unaffected by this.
(6) The user must immediately notify the operator in writing of any misuse of his login data or the login data of his authorised person(s) or of any corresponding suspicion or loss of this data.
(1) The user or the authorised person may watch the live streaming - even in the presence of third parties.
(2) The user or the authorised person is not authorised to:
(a) forward the login data and/or the link, which the operator has transmitted to him, to third parties;
(b) record the live streaming (e.g. by means of screen capture or a camera directed at the screen), record it, use it commercially, edit it, duplicate it, manipulate it, reproduce it publicly and/or put it into circulation in any other way;
(c) take control of the camera (zoom and pan) or use the speaker function without the operator's consent.
(3) Upon written request, the user shall receive a copy of the test recordings on DVD or via ift Cloud
(4) The user or the authorised person is not entitled to edit, duplicate, redesign, manipulate, commercially use, pass on to third parties, publicly reproduce, publish for advertising or other purposes and/or otherwise market the recording of the test and/or parts thereof. This also applies to screenshots of the recording of the test.
(5) The operator reserves the right to temporarily or permanently exclude the user from the use of the live streaming website www.ift-arena.de and to block his login data in the event of a violation of the above regulations, suspicion of a violation and/or misuse of the live streaming website. Any claims for damages arising for the operator remain unaffected by this.
(6) The user shall be liable for any damages incurred by the operator as a result of a violation of the above provisions and/or misuse.
(7) All rights, in particular the copyrighted rights of use and exploitation to the test records, are - in relation to the user - exclusively with the operator. The user shall not remove any copyright notes, trademarks or other proprietary notes and shall ensure that authorship is acknowledged.
(1) The operator assumes no liability for the functionality of the Internet access, the terminal equipment and/or the software used by the user/authorised person. Furthermore, he assumes no liability for technical malfunctions when accessing the Internet and for interactive processes reaching the user correctly and at a certain transmission speed.
(2) The operator does not assume any liability and/or guarantee for the correctness, faultlessness, completeness and reliability of the recording of the test.
(3) Insofar as the operator provides the user with the recording of the tests free of charge, he shall not be liable - except in the case of intent and fraudulent intent - for material defects and defects of title in the recording.
(1) When using the live streaming website www.ift-arena.de and during or on the occasion of the streaming of the live tests, the operator collects, stores and processes the following personal data of the user or the authorised person(s):
- Email address
- IP address
- Audio data
as well as the following personal data of the persons present on site:
- Image data
- Audio data
- Names, if any
(3) The above data will be processed exclusively for the following purposes:
- Live streaming of test
- Archiving of test
The data will not be passed on to third parties or will only be passed on in accordance with the provisions of data protection law as well as in the case of the existence of the relevant conditions of permission.
(4) The legal basis for the processing of data is article 6 paragraph 1a GDPR.
(5) The data is transmitted via a secure VPN connection so that third parties have no access to the transmitted data during streaming. The login data is secured by SSL encryption.