Legal Information - AVL Deutschland und Benelux
AVL is a trade mark of AVL List GmbH.
On the pages of the AVL Legal Information area AVL has the following meaning:
AVL List GmbH and its associated companies as defined in §115 österr. GmbHG.
All information on the www.avl.com website (i.e. texts, graphics, videos, music etc.) are protected by copyright. The information published here may not be used either directly or indirectly for commercial purposes and may only be used for private purposes by natural persons. All utilization rights, of any sort whatsoever, are exclusively reserved by the copyright owner. The copyright owner reserves the rights in particular to copy, distribute, lease, lend and transmit website information in any way. AVL reserves all rights. Legal action will be taken against infringements of copyright.
3. Data Protection
AVL's Data Protection Policy is based on the principle of maintaining data confidentiality and has the protection of personal data as its central concern. Please read the Privacy Statement.
4. Linking and Framing
The use of linking and framing is subject to the terms on Linking and Framing:
a. Links from other Websites to www.avl.com
AVL permits all links which do not alter the content of the www.avl.com website in any way, which keep the source of the contents fully identifiable, and which present the linked AVL website in its entirety. The content of websites containing links to www.avl.com must comply with the applicable laws, especially those regarding competition, copyright, trademark and criminal law. Such websites must not misrepresent the relationship with AVL and the website may only claim that it is supported by AVL provided that AVL's prior consent has been obtained. The AVL logo may only be used with AVL's prior permission. The use of frames to display the content of the AVL website is prohibited. The linking of websites with illegal content is prohibited. AVL reserves all rights in the event that websites are linked which contain material that violates competition, copyright or trademark law or any other illegal content. The linking of websites with offensive, distasteful, obscene or in any way controversial content is prohibited.
b. Links from www.avl.com to other Websites
When links are made from www.avl.com to other websites, the content of the other websites shall not be altered in any way, the sources of the other content shall remain fully identifiable and the linked website shall be represented in its entirety. A new browser window is always opened when third-party content is displayed and framing technology is not used. AVL accepts no responsibility whatsoever for the legality of the content of third-party websites to which AVL creates links. In particular AVL accepts no responsibility for any subsequent alterations made to the content.
c. Publication of Links on www.avl.com
AVL website users may, among other things, publish links to other websites. Such link are transferred by means of electronic data transfer. AVL is not in a position to verify the legality of links transmitted in this way or to have any influence over the transfer process. AVL accepts no responsibility for links that become published on the AVL website in this way and which refer to websites that contain illegal, offensive, distasteful, immoral or in any way controversial material. The sole responsibility for such links lies with the user who transmitted the link. AVL reserves all rights in respect of such persons.
5. Use of Software
The AVL websites feature software that you can download. This software is subject to both the copyright terms and the terms of the Software License Agreement. You may not download or use the software until you have signed an appropriate Software License Agreement.
Users may transmit information to and from the AVL websites. Information can be transmitted, for example, by transferring text contributions or links. Only the expressly authorized users are permitted to access the various communities of the AVL Extranet.
6.1 User Content
When users transfer information or provide user content in any way on the AVL websites, they automatically grant AVL a cost-free, world-wide, non-exclusive license for any kind of use whatsoever, in so far as no other contractual arrangements exist. AVL shall have the right in particular to copy, distribute, delete or alter the transferred information or to publish it elsewhere. Users are prohibited from transferring information or publishing information on the AVL websites that contains material that violates anti-competition or trademark law, that is discrediting, libelous or offensive to common decency, or any other illegal contents. The transfer and/or publication of content is deemed equivalent to the transfer and/or publication of hyperlinks. Please read also the terms on Linking & Framing Statement.
6.2 User Conduct
Users are prohibited from causing damages to other users when using the AVL websites or from impeding the operation of these websites or from disrupting the communication flow in any way whatsoever. Furthermore users are prohibited from using information about other users of the AVL websites or information published by third parties on the websites in any way that is at discrepancy with the purpose of these websites. AVL reserves all rights in the event of violation. AVL will pursue infringement of rights with criminal and civil legal action and will recover damages from any infringer in respect of all claims, costs, losses, obligations and expenses, including the usual legal costs. AVL is not obliged but has the right to monitor and check all transferred and/or published information irrespective of its intended purpose. AVL reserves the right to prevent the publication of or to delete information irrespective of its content without providing any reason.
Messages published on AVL web platforms shall be considered successfully delivered at the end of the next working day after being posted. All users of an AVL web platform shall be obliged to access the platform at regular intervals and retrieve the new information published there. Any eMail messages advising platform users about material published on AVL web platforms are of an informative nature only and not therefore associated with any legal consequences whatsoever.
6.3 Exemption from Liability
Every user is obliged to employ the latest available virus scanning programs to protect their own hardware and software and to check the data and software transmitted by other users or deposited on the AVL web platform. AVL accepts no liability for damages due to the occurrence or transmission of computer viruses with the exception of the following, a) in situations where AVL used no virus scanning program of any kind or b) arising from actions carried out with intent by AVL employees.
The user shall in any case indemnify AVL against any claims from third parties arising from the infringement of the rights of third parties by the data transferred by the user.
The hyperlinks that appear on the www.avl.com website are a service provided by AVL website users. They help you to access information quickly and simplify the search for contents. AVL accepts no liability whatsoever for the linked websites and their contents. AVL has no influence of any kind over the design of or modifications to these websites, nor over the content they offer. Hyperlinks to www.avl.com simply refer to third-party contents, but do not make any evaluation of that content. In particular AVL accepts no liability whatsoever for the correctness, completeness, legality, objectivity or up-to-dateness of the content. Users take sole responsibility when accessing information from hyperlinks on www.avl.com.
Please read also the terms on Linking & Framing Statement.
8. Conclusion of Contract
The information displayed on the www.avl.com website for the purchase of products and services and for downloading software merely represents a request for submission of a quotation. The quotation is drawn up by the www.avl.com website user. AVL explicitly reserves the right to decline submitted quotations without stating any reason. The absence of a response does not mean that the quotation has been accepted.
AVL offers no guarantee of any kind for the correctness, completeness, legality, objectivity or up-to-dateness of the content offered on the www.avl.com website. AVL reserves the right to carry out adjustments, alterations and deletions to the website in its entirety and the content presented on it at any time and without notice. No guarantee is offered in particular for the correctness, completeness and up-to-dateness of the content displayed on the Website relating to products and prices or for the availability of the advertised products (goods, services, software etc.). AVL would like to emphasize that users in countries where the legislation does not permit such caveat emptors or only permits them to a limited extent, are not affected by the above provision (Para. 9) or only affected to a limited extent.
AVL or third persons or companies who have a business or other relationship with AVL accept no liability whatsoever for damages of any kind (including actual damages, lost profits, frustrated applications, damage to data, loss of data, loss of trade, legal expenses and drawing up of contract), arising from use of the website, from temporary or long-term inability to use the website (downtime), from limited availability of the website or its content, from errored representation of contents, from the display of third-party contents or from the display of hyperlinks at www.avl.com. AVL accepts no liability whatsoever in the event of damage to or destruction of hardware, software and other system data resulting from the use of the www.avl.com website or its contents. This provision (Para. 10) shall apply irrespective of the legal basis used to make the claim, irrespective of the degree of fault and irrespective of the question as to whether AVL or the third parties in a business or other relationship with AVL were or should have been aware of the possibility of damage. In particular no liability is accepted for contractual or extra-contractual claims. AVL explicitly emphasises that users in countries where the legislation does not permit such liability disclaimers or permits them only to a limited extent are in no way affected by the above provision (Para. 10) or affected only to a limited extent.
11. Application of Law
The www.avl.com website is supervised, operated and administrated by AVL Head Office which is located in Austria at 8020 Graz, Hans-List-Platz 1. The www.avl.com website and the content it displays are accessible and can be used all over the world. AVL accepts no liability whatsoever for the legality of the www.avl.com website and the content displayed on it from the point of view of other legal systems and their relevant statutory provisions. The use of the www.avl.com website and its content in countries other than Austria is the sole responsibility of the user. The user also assumes sole responsibility for observing the relevant statutory provisions of other legal systems. In particular, users are responsible for observing the respective export regulations when using the www.avl.com website. AVL reserves all rights in the event of contraventions and will instigate both criminal and civil legal action in pursuit of legal infringements. Use of the www.avl.com website is subject to Austrian Law. Sole court of jurisdiction for any claim arising from and in respect of the use of the website, and for any dispute arising in respect of the use of the website shall be that of the head quarters of AVL LIST GMBH. AVL LIST GMBH shall also be entitled to institute legal proceedings at the place of residence or business of the user of the www.avl.com website.