General Terms of Use
of USHIO INE GmbH (“Ushio”)
1. SCOPE
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
2. SERVICES
3. B2B ENVIRONMENT
4. REGISTRATION, PASSWORD
Certain pages of the INE E-commerce may be password‑protected. In the interest of the security and integrity of business transactions, access to these areas is permitted only for registered users. Ushio reserves the right to refuse the registration of any user. Ushio may also decide at any time to make pages that were previously freely accessible subject to registration. Furthermore, Ushio may, without obligation to provide reasons, block a user’s access to the password‑protected area if the user:
- provides incorrect or misleading information during the registration process;
- violates these Terms of Use or fails to properly safeguard its login credentials such as a User ID and a password (“User Data”);
- violates applicable laws when accessing or using the INE E-commerce; or
- has not used the INE E-commerce for a long period of time.
5. INTELLECTUAL PROPERTY
6. DUTIES OF THE USER, CONTENT MODERATION, AND INDEMNIFICATION
Prohibited Use and Content
When accessing or using the Ushio Website, the User shall not
violate any laws or regulations, or rights of others such as any criminal acts, including corruption or bribery, export control and sanctions violations, money laundering or terrorism financing or violate any antitrust laws, including by agreements or concerted practices preventing, restricting or distorting competition (e.g. price fixing, market or customer allocation, limitation of technical development, portfolio alignment) or by sharing of competitively sensitive information;
be harmful to others, or to the reputation of Ushio, including by offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi or pyramid schemes, phishing, farming, or other deceptive practices;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material.
For the avoidance of doubt, Users may only upload order-related documents (e.g., order forms) strictly for the purpose of submitting orders via the INE E-commerce.
Use Restrictions
The User shall not:
- Transmit, store or upload hyperlinks or contents to which the User is not entitled, particularly where such hyperlinks or contents breach confidentiality obligations or are unlawful;
- Engage in text or data mining. This includes, but is not limited to, any automated scraping, reproduction, or extraction of content, information, or data from the Ushio Website for the purpose of analysis, and for developing, training, or improving any artificial intelligence or machine learning systems;
- Access or use Ushio Websites to avoid use limitations, monitoring, or for the purpose of conducting performance tests, building competitive products, or copying features;
- Interfere with the proper functioning or security of any Ushio systems.
Security Requirements
The User shall:
- Take reasonable precautions against security attacks, viruses, and malicious code on systems, hardware, software, or services used to connect to and/or access Ushio Website;
- Not perform any penetration test of or on Ushio Website or the underlying technology without obtaining Ushio´s express prior written consent;
- Not use devices to access or use Ushio Website that do not comply with industry standard security policies (e.g., password protection, virus protection, update and patch level).
Monitoring, Enforcement, and Reporting
Ushio may monitor the User's compliance with and analyze any violation of these Terms of Use.
To ensure compliance with these Terms of Use, Ushio may take action against any content or resource that violates these Terms of Use or any other agreement Ushio has with the User for use of the Ushio Websites or where Ushio is permitted or required by law or a competent authority. This may include removing, restricting, limiting, or disabling access to content or requesting the User to modify the content. Ushio may also suspend or terminate the User's account if the User repeatedly or seriously infringes third-party rights, violates any law or regulation, these Terms of Use, or where Ushio is permitted or required to do so by law or a competent authority.
Users may report suspected violations of these Terms of Use or applicable laws through the reporting channels provided on the INE E-commerce under https://www.ushio-ine.com/web/guest/contact-us.
When Ushio receives notice of any violation of these Terms of Use, Ushio will manually review the reported activity. Ushio may suspend the handling of notices and complaints from a User for a reasonable period of time and after having issued a warning if the User frequently submits notices or complaints that are manifestly unfounded. When making such decisions, Ushio will assess, on a case-by-case basis and in a timely, diligent, and objective manner, the potential misuse and will consider all relevant facts and circumstances apparent from the information available to Ushio.
Ushio may report any activity that Ushio suspects violates any law or regulation or forward any report as required by law to a competent authority or other appropriate third parties. Ushio may also share the User's content if a party claims that the User's use of the Ushio´s Website or the User's content violates third party's rights or any law or regulation.
Indemnification
The User shall indemnify and hold harmless Ushio, its affiliates, subcontractors, and their representatives against any third-party claims, damages, and necessary costs (including reasonable attorney's fees) and compensate Ushio for all losses and expenses arising from the User’s intentional or negligent violation of these Terms of Use, applicable laws, or the rights of third parties in connection with the use of any Ushio Website, or the uploaded User’s order-related documents thereto.
7. HYPERLINKS
8. LIABILITY OF DEFECTS FOR TITLE OR QUALITY
9. OTHER LIABILITY, VIRUSES
10. COMPLIANCE WITH EXPORT CONTROL REGULATIONS
11. SUPPLEMENTARY AGREEMENTS, PLACE OF JURISDICTION, APPLICABLE LAW
These Terms of Use and all disputes arising from or in connection with them shall be governed by:
- The laws of Germany (excluding its conflict of laws principles), or The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
