The content of this Site is available for informational purposes only. The posting of content and access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by Merck or any of its affiliates.
- use offensive or defamatory Content, irrespective of whether such Content refers to other Users, our employees or any other persons;
- use pornographic, violating, abusive or immoral Content or Content that violates youth protection laws or promote, offer and/or distribute pornographic, violating, abusive or immoral products or services or products or services that violate youth protection laws;
- unreasonably harass other Users;
- use Content that is protected by law (e.g. copyright law, trademark law, patent law or design law) without being permitted to do so, or promote, offer and/or distribute products or services that are protected by law without being permitted to do so;
- conduct or encourage actions that violate competition laws;
- publish or distribute any kind of malware, including viruses and spyware or any other form of program code.
3.3 Users shall take adequate measures to avert and reduce damages. In particular, Users, must regularly create backup copies of data processed over the Digital Hub. Non-compliance with these obligations is deemed as contributory responsibility.
4.1 The Digital Hub Users may submit Content to Merck, including, without limitation, videos, pictures, feature tags, links, and text (collectivly refered to as „Content“).
4.5 Merck does not endorse any Content submitted to the Digital Hub by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Merck expressly disclaims any and all liability in connection with Content. Merckdoes not permit copyright infringing activities and infringement of intellectual property rights on the Digital Hub, and Merck will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Merck reserves the right to remove Content without prior notice.
The entire content of this Site is the property of Merck, its direct or indirect subsidiaries (hereinafter referred to collectively as "Merck Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the pages, site content and arrangement are owned by the Merck Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit Site information in any manner without our express written consent. Any downloading or otherwise copying from this Site will not transfer title to any software or material to you. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use this Site for any public or commercial purpose without our prior permission.
Nothing at this Site shall be construed as granting a license or right to use any image, trademark, service mark or logo, all of which are the property of Merck Group. Merck Group reserves all rights with respect to its proprietary information or material at this Site and will enforce such rights to the full extent of applicable copyright and trademark law.
The information and opinions contained on this Site, including hyperlinks or references to other sites, are provided 'as is' without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Merckdoes not warrant the adequacy, accuracy, reliability or completeness of any information on the Site and expressly disclaims any liability for errors or omissions therein. Merck further assumes no responsibility for, and makes no warranties that, functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available will be free of viruses or other harmful components.
- Merck shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
- Merck shall not be liable for the slightly negligent breach of any other applicable duty of care.
7.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the willful misconduct, liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Merck has assumed a specific guarantee.
7.3 The User is obliged to take reasonable efforts for the prevention and minimization of damages.
Certain hyperlinks or websites referenced on the Site may for your convenience forward you to third parties' websites, which generally are recognised by their top level domain name. Their content has not been investigated or analysed by us, and we do not warrant the adequacy, accuracy, reliability or completeness of any information on hyperlinked or referenced websites and expressly disclaim any liability for any and all of their content. You are responsible for evaluating the adequacy, accuracy or reliability and completeness of any information or other content available on hyperlinked or referenced websites.
A hyperlink to another website is meant for convenience only and does not imply that Merck endorses or approves of the website or any products or services that it describes. Merck reserves the right to terminate any hyperlink or hyperlinking program at any time.
10.2 Deviating, conflicting or supplementing terms and conditions of the User shall only become part of the agreement if explicitly accepted by us in writing. Our mere knowledge of the User’s terms and conditions does not make them part of the agreement.
10.3 Any amendments and additions to the agreement of use as well as notifications necessary for its execution require text form to be effective. The text form requirement can only be overruled in text form.
The Site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site.
12.1 German law shall apply under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 Provided the User is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Frankfurt/Main. The same applies if the place of general jurisdiction of the User is not in Germany or the User’s residence or habitual domicile is moved abroad after the agreement is concluded or his residence or habitual domicile is unknown when proceedings are instituted. Arbitration proceedings are excluded.
13.1 Users may use the contact details set out in Section 1 above in case of questions or complaints.
13.2 Beyond that, Merck does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected.
Merck is not willing or obliged to participate in dispute resolution proceedings before a dispute resolution body for consumer disputes.