The use of the website provided by Cryostar, hereinafter “Site”, is subject to the following terms and conditions, hereinafter “Terms and Conditions”:
1. Your acknowledgement of the terms and conditions of use
By accessing the Site you, the user, acknowledge and confirm that you have read, understood, and agree to the following terms and conditions of use. Furthermore, you agree to be bound by all applicable laws as well as any other applicable rules and conditions. If you do not understand or agree with these terms and conditions you must stop accessing and using the Site.
2. Scope of right to use
2.1 All text footage, pictures, graphics, software, applications, sound samples, animations videos, corporate logos and brands, the layout of the Site, as well as other content contained in the Site, hereinafter jointly referred to as “Site Content”, are protected by trademark and copyright law and other laws for the protection of intellectual property and may be subject to third parties’ rights.
2.2 Cryostar does not grant any license rights or other rights regarding the use of the intellectual property rights in the Site Content, unless otherwise specified herein. The copying, distributing, reproducing, forwarding, otherwise using of these intellectual property rights in the Site or the Site Content including the making available to third parties is not permitted without the prior written consent of Cryostar.
2.3 The user is only permitted to view and use the Site Content for his own personal, non-commercial use as part of his use of the Site. The user is also permitted to produce a single copy of the Site for his personal, non-commercial use, on the condition that the content is not altered in the course of copying and all references to intellectual property rights are retained in the copy, or inserted if only extracts from the Site are used.
2.4 The content of press releases and other documents classified as public may be used in public communications save the condition that the permission granted hereunder does not apply to those parts of public documents which are protected by trademark or copyright law, or other legal regulations. Any use of such material is made in the sole responsibility of the user.
2.5 Any other use of the Site as well as the Site Content is prohibited unless specifically permitted by these Terms and Conditions.
3. Restrictions of Use
3.1 The user must in particular not, without the prior written consent of Cryostar ,
• use the Site or the Site Content for any fraudulent or unlawful purpose;
• use any registered or unregistered trademarks or signs on the Site or in the Site Content without the prior written consent of the respective owner;
• translate, modify, adapt, reverse engineer, decompile or disassemble the Site or Site Content in whole or in part;
• remove any notice of copyright, trademark, or other proprietary rights from the Site Content;
• frame or otherwise embed Site Content in your or a third party website;
• mirror any part of the Site;
• create a database by systematically storing and downloading all or any Site Content; or
• use any robot, spider, site search application or retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Site Content.
3.2 Cryostar reserves the right to deny access to the Site at any time.
5. No Warranties
5.1 Cryostar does not give any express or implied warranties, nor does it make any representations, nor does it assume any responsibility that
• the Site or the Site Content are available without interruption;
• the use of the Site or the Site Content will not infringe any third party rights;
• the Site as well as the Site Content are free from errors or are complete, accurate or up-to-date at all times;
• other web pages accessed by hyperlinks from the Site, irrespective of whether these belong to affiliated companies of Cryostar or third parties, do not infringe third party rights, or are free from errors, or that applicable data protection provisions are complied with;
• or that the Site is free from viruses, bugs, malware, or similar malicious programs.
5.2 Any forward-looking statements made on the Site are based on the beliefs and judgement of the management of Cryostar at the time of their publication and are therefore subject to risks and uncertainties. No assurance is given that these forward-looking statements will prove to be accurate and complete. Cryostar is under no obligation towards the user to update such forward-looking statements and accepts no liability whatsoever for these statements.
6. Limitation of Liability
6.1 Cryostar does not accept any liability for:
• defects in rights regarding the Site or Site Content;
• any loss or damage arising as a result of inhibited access or non-accessibility of the Site as well as Site Content;
• any loss or damage, which may arise from the use of the Site or of any of the Site Content; or
• the availability of the content of third party websites or any loss or damage resulting from their use, regardless of the purpose of use,
Whereas Cryostar does not limit its liability under statutory law for the violation of life, body or health caused by willful intent or gross negligence of Cryostar or its representatives.
6.2 The Site and the Site Content are operated and managed by Cryostar. Save the provisions herein, the Site and the Site Content take into account the requirements of the country, in which Cryostar is based. Cryostar accepts no responsibility if (i) the Site is accessed, or (ii) if the Site Content is used or downloaded from the Site, in places outside the country concerned. When the user accesses the Site from places outside the country concerned, the user is solely responsible for complying with the regulations that apply in accordance with their respective national laws.
7. Amendments to the Site or the Site Content or Terms and Conditions
7.1 Cryostar reserves the right, at any time and without prior notice, to make amendments, or additions, to the Site or the Site Content.
7.2 Cryostar reserves the right to change these terms and conditions of use from time to time at its sole discretion without any obligation to inform the user. The user agrees that his continued use of the Site constitutes his consent to respective changes of the terms and conditions as applicable.
8. Violation of these Terms and Conditions
8.1 Cryostar reserves the right to deny the user’s access to the Site in whole or in part at any time in case of the user’s non-compliance with these Terms and Conditions or the user’s infringement of the rights of Cryostar in the Site or the Site Content or any third parties’ rights.
8.2 Furthermore, the user herewith indemnifies and holds harmless Cryostar from and against all claims and damages arising out of or in connection with (i) the use of, or activities in connection with, the Site and Site Content, or (ii) any violation of these Terms and Conditions by the user.
9. Applicable Law
These Terms and Conditions and all questions and disputes relating to the use of the Site or the Site Content are exclusively subject to the French Law. The courts of France shall have exclusive jurisdiction to settle any dispute arising from the use of the Site.