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Terms Of Service
Here you will find the General Terms and Conditions (“GTC” herein) of CHIP Digital GmbH (“CHIP” herein). Additional contact data for CHIP can be found here . These GTC apply to all content and services that are offered by CHIP through the top level domains www.downloads-hub.com (“offering(s)” or “website(s)” herein).
So that you are able to orient yourself quickly in our GTC, here is the precise overview:
I. General provisions
2. Provisioning terms
2.1 No privity of contract is established between CHIP and the respective user merely through making content available for retrieval without charge and by a corresponding retrieval on the part of the user.
2.2 CHIP always endeavours to ensure proper operation of the offerings, but it is not responsible for the uninterrupted availability or accessibility of the offerings. This applies in particular to technically caused delays, interruptions or outages of the offerings, the Internet or Internet access.
2.3 CHIP reserves the right to modify portions of the offerings or individual or all offerings as a whole without separate announcement or to partially or finally discontinue publication. The users acquire no rights or claims therefrom.
3. Rights to content
Rights to provided website content. This website contains content that has been created by CHIP as well as partners and users. All material published on the website – particularly text, photos, graphics, images, logos, sound and video clips are subject to the respectively applicable statutory protection, especially trademark, copyright and neighbouring rights and competition law. The duplication, communication to the public or other use or exploitation of protected content of this nature are as a rule not permitted without the consent of the respective holder of the rights.
4. Third-party products and services
Unless expressly indicated, CHIP does not sell or license any products or services that are evaluated or promoted on the website. In such cases, the correspondence and the contractual relationship of the users with third parties, including payment and shipment, take place exclusively between the user and the third party.
5. Liability and limitation of liability
5.1 Liability for content provided for retrieval
CHIP is – to the extent it appears from the site notice of the respective offering – the service provider in terms of section 7 (1) of the German Telemedia Act (Telemediengesetz – “TMG” herein) and responsible according to the general laws for its own content that is retrievable within the scope of the respective offering. CHIP assumes no warranty with respect to the results that can be realized through the use of the offerings or with respect to the accuracy and reliability of the information or uses available in the scope of the offerings.
5.2 Liability for external and linked content
CHIP is not obligated under the legal provisions of sections 8 through 10 of the TMG nor is it capable of comprehensively verifying or monitoring the lawfulness of the content that is uploaded or published by users and/or to look for situations that suggest unlawful activity. The same applies when and to the extent that the offerings of CHIP are linked or pointed to third-party websites. CHIP does not adopt as its own the content that is uploaded or published by users or the content linked to on third-party websites. CHIP does not guarantee that such content is lawful, accurate, up to date and/or complete. It is not responsible for damages that arise through or based on the use of such content. CHIP subjects programmes that are offered for download on the websites to a virus scan. The use of the website, particularly the download of programmes nevertheless occurs at one’s own risk. CHIP therefore assumes no liability for damage, adverse effects, loss of data or other damages through computer viruses or other adverse effects.
5.3 Knowledge of infringing external or linked content
If CHIP receives indications of violations of the law or infringements through external or linked content, CHIP will, to the extent it is obligated to do so, review and, if necessary, block the corresponding content. At the earliest, CHIP is liable for external content in terms of sections 8 through 10 of the TMG commencing at the time it becomes aware of a concrete, clearly recognizable infringement.
5.4 General limitation of liability
For contractual and non-contractual claims, CHIP is liable only for damages occasioned through wilful or grossly negligent acts. For slight negligence, CHIP is only liable when CHIP breaches a contractual obligation that is material for realizing the contract purpose; liability in such case is limited to foreseeable damages that were typical of the contract at the time it was entered into. The foregoing limitations of liability do not apply to injury to life, limb or health, in the scope of the product liability law and in the case of assumption of express warranties.
5.5 Additional limitation of liability for loss of data
Should a user possibly lose his own data due to a download, CHIP is liable under this subparagraph 5 and only if such loss could not have been prevented by reasonable backup measures on the part of the user. The extent of CHIP’s liability is limited to the cost that is commonly incurred for recovering the data.
5.6 Agents and legal representatives
The foregoing liability provisions apply accordingly to the liability of CHIP for breaches of duty by its representatives, employees or agents.
6. Data protection
7. Disclosure of information
CHIP is authorized to release available information from and concerning users to third parties – such as rights holders, affected parties, and governmental authorities – to the extent such is prescribed by law or, in the exercise of due discretion, necessary and legally permissible in order to satisfy legal requirements or judicial or administrative orders.
8. Applicable law, judicial venue
The place of performance is at the registered office of CHIP. To the extent legally permissible, the judicial venue is the locale of the registered office of CHIP. German law applies with the exclusion of international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted into German law, unless barred by compulsory international legal provisions, international conventions and, particularly, internationally compulsory consumer protection provisions.
9. Severability Clause
Should individual terms of these GTC be or become ineffective, the effectiveness of the remaining terms shall not be affected thereby. If parts of these GTC do not, do not any longer, or do not fully conform to applicable law, the content and validity of the remaining parts shall be unaffected thereby, and the invalid part shall be considered to have been replaced by a term that comes commercially closest to the spirit and purpose of the invalid part or the intentions of the parties in a legally effective manner.