ONLINE USER TERMS
CONDITIONS OF USE FOR GFK EVOGENIUS WEB
The Client Portal GfK Evogenius Web is owned and operated by GfK SE, a corporation organized under the laws of Germany, its subsidiaries and affiliated companies, hereinafter GfK. Access to and use of this Website is provided by GfK exclusively to GfK clients (hereinafter the “CLIENT”) who have entered into a market research service agreement (hereinafter “AGREEMENT”)with GfK prior to accessing and/or using this Website in accordance with the terms and conditions of such AGREEMENT and on the condition that the CLIENT and/or their employees, hereinafter the USER, accept these terms of use.
GfK allows the viewing and downloading of all Website content solely in accordance with the terms and conditions of the AGREEMENT.
COPYRIGHT OF BRANDS, LOGOS, HEADINGS, PICTURES AND GRAPHICS
Any and all intellectual property or related materials, including but not limited to brands, headings and logos are the property of GfK and its licensors and are protected by intellectual property laws, including but not limited to laws in relation to copyrights, trademarks, trade names, internet domain names, unfair competition and the like, irrespective of whether or not they are marked as such, or bear the ® symbol. Furthermore, GfK reserves all rights in or deriving from the website. This shall apply in particular to text, pictures and graphics, including their form of appearance on the website. In addition, brands owned by cooperation partners of GfK may be posted on this website. These brands are the property of their registered owners and are protected by trademark and other property and intellectual property laws, as currently applicable. Third parties are prohibited from using such trademarks. Copyright infringement will be punishable at the place where the infringement was committed and at the scene of the crime by the applicable law.
CONFIDENTIALITY
The USER is obliged to treat any confidential information (information posted, uploaded or made accessible by any disclosing party, including any copyrights, database rights, know-how, trade marks and trade and business names contained in such information) as secret. Confidential information also includes anything the USER creates which is derived from or based upon the information or material disclosed to it by the disclosing party. Confidential information shall not be disclosed to any third party without GfK's prior written consent.
USE OF GFK EVOGENIUS WEB / USER-GUARANTIES
The USER hereby agrees and accepts to access GfK Connect solely for lawful business use. USER is allowed to use the information in GfK Evogenius Web only in coherence with subject matter of the AGREEMENT.
In accordance with the provisions of the AGREEMENT, the CLIENT, or USER as the case may be, is allowed to exclusively upload and store information of the CLIENT which is factually in coherence with subject matter of the AGREEMENT.
If USER submits information of the CLIENT or any third party, USER must be sure that he is entitled to do this and that he is not breaching any third party intellectual property or similar rights in relation to such information including but not limited to copyrights, trademarks and trade names.USER may not and is not entitled to make the use of software accessible via GfK Evogenius Web available to any third party.
The USER hereby guarantees that no legal regulations shall be contravened through his/her use of GfK Crossmedia Visualizer, and that data records changed or any information uploaded by him/ her shall contain no criminal or otherwise illegal content. In the case of illegal use of GfK Evogenius Web and the like the respective USER himself is legally liable.
USER is legally liable for any web links to the internet or any other sources uploaded/stored into GfK Evogenius Web. USER shall therefore not upload or otherwise store illegal, wrong or misleading web links.
The USER undertakes to notify GfK without delay of any illegal use. Should the USER become aware of any incorrect information or inaccuracies, USER shall inform GfK hereupon without delay.
If GfK detects an illegal usage of GfK Evogenius Web or an illegal forwarding of information in connection with the usage of GfK Evogenius Web, GfK shall block the access authorization of the USER account in question and report it to CLIENT with notification of the USER account.
Considering that USER can modify content after exporting it from GfK Evogenius Web, USER must ensure to clearly indicate to any other USER if and to which extent exported content has been modified. GfK cannot assume liability for the correctness/completeness of content which has been exported and modified.
DATA PROTECTION
Every time USER accesses GfK Evogenius Web data on this event is logged and a cookie might be set for the duration of a GfK Evogenius Web access. This data shall relate to the USER by necessity, since the USER may only make use of GfK Evogenius Web once USER has registered.
GfK may store, process and use personal data in accordance with the currently valid provisions on data protection, provided that this is necessary for the performance of the AGREEMENT and the use of GfK Crossmedia Visualizer.
Also, data may be used as above for the purpose of technical administration of GfK Evogenius Web, to prevent misuse and other illegal activities and provided that this is necessary on the grounds of legal obligation, official instructions or judicial decree.
At the request of the USER, GfK shall provide the USER with information about his/her personal data stored free of charge and without delay. The USER is entitled to revoke his/her consent for his personal data to be used at any time by using the support button from time to time. However, in this instance GfK might no longer be able to provide the USER with online access to the contractually agreed services.
SYSTEM SECURITY
Due to special technical circumstances of the Internet, it is not possible to provide a guarantee regarding accessibility and freedom from disturbance of GfK Evogenius Web at all times. GfK uses reasonable effort to safeguard the security and efficiency of GfK Evogenius Web at all times. Effective system security demands, however, that the CLIENT (or USER as the case may be) proceeds carefully while submitting, uploading, storing or organizing any information and material in order to avoid system damage through computer viruses, routines, worms, bugs, codes, time bombs and the like.
REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY
Except as expressly stated in the Agreement, GfK and its respective parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on GfK Evogenius Web. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by GfK or the Company Affiliates.
The Internet may be subject to breaches of security. GfK and the Company Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.
You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing GfK or the Company Affiliates any information or posting information to GfK Evogenius Web. GfK and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of GfK Evogenius Web. GfK Crossmedia Visualizer may be temporarily unavailable due to maintenance or malfunction of computer equipment.
GfK Evogenius Web (INCLUDING ALL UPDATES) IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. GFK AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO GfK Evogenius Web. GfK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH GfK Evogenius Web (INCLUDING ANY UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF GfK Evogenius Web, (INCLUDING ANY UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN GfK Evogenius Web (INCLUDING ANY UPDATES) WILL BE CORRECTED.
EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, YOU AGREE THAT GFK AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) GfK Evogenius Web; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF GfK Evogenius Web; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY GfK, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF GfK Evogenius Web; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF GfK Evogenius Web USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH GfK Evogenius Web USERS, EVEN IF GfK OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION OR ITS RELATED INFORMATION OR PROGRAMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TERMINATION OF WEB USE
The right to use GfK Evogenius Web ends simultaneously with the ending of the underlying AGREEMENT.
GfK points out that the ending of the GfK Evogenius Web appropriation also ends the access to the analyses which the CLIENT or the individual USER compiled and stored themselves. Such data will always be lost through the subsequent deletion of the storage space.
ENJOY USING GFK EVOGENIUS WEB!
GfK SE
Nuremberg, 30th of April 2017