General Terms of Use
1. Who is Covered by These General Terms of Use
These Terms of Use (“Terms”) set out the terms and conditions by which Vivant Biotechnology GmbH, whose offices are at Uhlandstraße 33, DE- 10719 Berlin, Germany and its affiliates (“Vivant Biotechnology” or “we” or “us”) offer you – our customers, fans and community – the best products, content and services available at any time, on our webpages and apps (“Platforms”) and to continue to develop these products, content and services with you. However, every cooperation needs a clear set of ground rules in order to guide how we interact with each other and to define core values. These General Terms of Use aim to set out the basic framework between you and us for our free products, content and services, and thus form the common basis for us to work together (“Rules”).
2. Scope of Application
These General Terms of Use apply to the use of any of our products, content and services (“Content”) freely available to you on our Platforms. This includes any use of the Content by you, whether you’re visiting and browsing our webpages and apps, signing-up for events, newsletters and similar offers, downloading and streaming our Content, or registering and creating an account.
3. Your Obligations as a User
Vivant Biotechnology GmbH believes that successful collaboration and social interaction online requires good manners (netiquette) and rules of conduct. Our Content is provided for your personal use only, which means you cannot use it for any commercial or otherwise profit-making purposes. Our cooperation is based on condition that you comply with applicable laws, do not violate our rights or the rights of third parties and that you use Content solely in a manner consistent with these Rules and do not destroy, damage or otherwise exploit it.
Vivant Biotechnology also believe in the importance of mutual respect and consideration towards others. Therefore, any content that you post using our services must not contain any form of hate speech, defamation or be otherwise likely to cast a negative light on us or someone else.
To ensure that everything runs smoothly, we must all be responsible for the content that we own or control. Therefore, you must ensure that any information you provide us is correct, complete and up to date at all times during our cooperation.
4. Terminating This Cooperation
If we determine that things are not working between you and us, in particular, if you violate any of these Rules, we reserve the right to terminate this cooperation at any time.
5. Vivant Biotechnology GmbH’s Content and Services
5.1 All rights to Content reserved by Vivant Biotechnology GmbH
All Content on our Platforms, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All intellectual property rights existing on the Platforms and to the Content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any content, materials or portions thereof without our express written permission in advance, nor are you permitted to do or attempt anything that violates our intellectual property rights or any intellectual property rights licensed to us or owned by third parties. This also applies to the ideas and concepts on which the Platforms or Content are based, even if they are not protected by intellectual property rights.
5.2 Your license for use of our Platforms and Content
While we, at Vivant Biotechnology GmbH, hold all rights to the Content on our Platforms, we want to enable you to easily access our Platforms and Content, so that you can explore everything we have to offer. We therefore grant you a limited license to use our Content for your personal use only. This means that you can enjoy our Content as a private individual, whether at home or on the go. Your license does not, however, include the right to use our Content as part of your commercial business ideas or any other commercial activities, nor does it allow you to reproduce, modify or otherwise exploit our Content. You are also not permitted to transfer this license to third parties.
5.3 Third Party Content
Our Platforms may utilize or incorporate digital content or services from third-party vendors (“Third-Party Content”). You acknowledge and agree that your right to use such content or services of third parties may be subject to additional terms and conditions of the third party providing these services. If you do not agree to these additional conditions, you are not permitted to use the respective third-party content or services.
6. Special Features
6.1 Favourites
Some of our Platforms enable you to bookmark your favourite Content, so that you can access it quickly and easily later on. You can also use this feature to keep up to date with new and upcoming Content from us. This feature is an integral part of our process for providing and developing our Content.
6.2 Peer2Peer Service Providers
You should note that by using some of our Platforms and Content, you are also agreeing that your Internet and connectivity resources may potentially be used by our P2P service provider (“P2P provider”). Please be aware that though our P2P provider strives to limit such effect, the use by our P2P provider of your resources may put a burden on your Internet connection and downloading speed, and might increase your use under a limited Internet connection package. The P2P provider uses your local resources to store content temporarily, upload content to other users, and download content from different users, while temporarily exposing other users to your IP address. This P2P achieves faster access to our Content through a download from a significant number of simultaneous users of the same content (for example in peak times of live events). You are able to opt-out of the P2P network at the start of each Content, in case such method utilised.
7. User-Generated Content
7.1 What do we mean by “User-Generated Content”?
Our Platforms offer a variety of features, which enable you to engage with us and the community by posting your own comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials and by liking, sharing and rating. All content contributed by you using these functions is collectively referred to herein as “User-Generated Content” or “UGC”.
7.2 Unrestricted license to your UGC for Vivant Biotechnology GmbH purposes
In some cases, you or third parties may have copyrights or other intellectual property rights to your UGC.
To the extent that you contribute to our Platforms in the form of UGC, at the time of participation you grant us a worldwide, unrestricted, irrevocable, non-expiring license free of charge that is transferable to third parties to use your UGC in its full scope and extent by all means and in all media and to create derivative works as well as to adapt, digitize, dub and otherwise exploit your UGC. In particular, this license also includes use of UGC in advertisements and promotional campaigns and is in no case limited to the Platform on which the UGC was provided by you. You agree that you have no right or claim any fees or additional consideration for our use of the UGC.
Finally, you grant other users permission to access your UGC and to use, reproduce, like and share it, to create derivative works, publicly display and present it, transfer and publish it to the extent this is permitted by the functionality of our services and these terms of use.
7.3 Viewing and removing UGC
We have the right but not the obligation to monitor UGC. We have the right to modify, withhold, remove or block access to UGC at our own discretion and for any reason whatsoever.
7.4 Your personal information and UGC
You give us the right (but not the obligation) to use your biographical information including, without limitation, name, image, voice, biography, likeness and geographic location in connection with broadcasting, printing, online or other use or publication of the UGC in conformance with the above license contained herein.
7.5 General conditions for UGC
Before we can allow you to contribute your UGC, you must agree to comply with the following rules. You therefore undertake, represent and warrant that your UGC shall in no circumstance: (i) cast a negative light on Vivant Biotechnology GmbH or on our activities, businesses or brands. In particular, you are prohibited from using the following content in connection with your UGC: (a) illegal products, content, services or materials; (b) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing products and services; (ii) be unlawful, threatening, racist, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, or otherwise violate any applicable law; (iii) encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; (iv) be an advertisement for goods or services or a solicitation of funds; (v) enable the identification of personal information such as messages, phone numbers, social security numbers, account numbers, addresses, or employer references; or (vi) contain any virus, trojan horses or other harmful code or script.
Moreover, any conduct that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Platforms or Content will not be permitted.
7.6 Guarantees and indemnification
In order to ensure that these rules are complied with and to safeguard our interactions, you provide the following guarantees and indemnification to us with respect to your UGC:
You acknowledge and agree that you are solely responsible for the UGC you submit. You represent and warrant that you are the owner of all rights to your UGC and that it does not violate or infringe any third-party rights such as personality rights (in particular the right to one’s own image), intellectual property rights such as trademarks, patents, copyrights or other legally protected property rights.
You further represent and warrant that all the requisite rights, approvals, permissions and waivers of rights have been properly obtained from each participant, actor, moderator, contributor, or other persons involved in the UGC or the associated rights, services or institutions, and that you are authorized to exercise those rights at your own discretion and in the scope and extent provided for herein.
You agree to indemnify Vivant Biotechnology GmbH and hold us fully and completely harmless from any third-party claims arising in connection with the upload of your content and our use thereof for the purposes stipulated at the time of upload, as a result of your negligent or intentional violation of your above guarantees.
8. Copyright Infringement Notices and Counter-notices
If you believe that any content appearing on a Property infringes your copyright rights, please forward the following information in writing to our “Copyright Agent”:
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- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- a statement by you that the information in your notice is accurate, and a statement made under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent’s address is:
Vivant Biotechnology GmbH;
Uhlandstraße 33
DE- 10719 Berlin, Germany
Email: ip@vivantbiotechnology.com
We will review any notices of copyright infringement and take appropriate action. Inquiries that do not follow this procedure may not receive a response. Any notices of copyright infringement are subject to counter-notice as detailed below.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
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- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Berlin, Germany, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
9. Medical and Health Information
This Web site “b-lance.me” (“Web site”) and all our Platforms may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute or overrule for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical or personal advice or information about diagnosis and treatment.
Some information shared in our Platforms is written by medical professionals affiliated by Vivant Biotechnology and its affiliates, and some content is provided by outside sources. The content such as graphics, images, text and all other materials, are provided for reference and informational purposes only, and is not monitored or evaluated by the FDA, EMA or similar authority. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition.This website and our other Platforms are not an attempt to practice medicine or provide specific medical advice.Therefore, it should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s judgment.
Readers should not rely upon this report for emergency medical treatment.If you think you may have a medical emergency, call your doctor or go to the emergency department immediately. Always seek the guidance from your doctor or other qualified and licensed health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on our Platforms.If you wish to seek clarification on the above matters contact with us using via a contact form provided on the Web site or at info@vivantbiotechnology.com.
10. Liability
All the information on our Platforms is published in good faith and for general information purpose only. Vivant Biotechnology GmbH has compiled the detailed information provided on our Platforms from internal and external sources to the best of its knowledge and belief, using professional diligence. We endeavor to expand and update this range of information on an ongoing basis. The information on our Platforms is purely for the purpose of presenting Vivant Biotechnology GmbH, its brands, products and services. However, no representation is made or warranty given, either expressly or tacitly, for the completeness, reliability, accuracy or correctness of the information on this Web site or other Platforms. Please be aware that this information although accurate on the day it was published may no longer be up to date. We therefore recommend that you check any information you obtain from our Platforms prior to using it in whatever form. Advice given on our Platforms does not exempt you from conducting your own checks on our latest advice – particularly our safety datasheets and technical specifications – and on our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly using via the contact form provided on the Web site or at info@vivantbiotechnology.com. Users of our Platforms declare that they agree to access our Platforms and its content at their own risk. Neither Vivant Biotechnology GmbH nor third parties involved in the writing, production or transmission of our Platforms can be held liable for any losses and/or damages and/or injuries resulting from access or the impossibility of access or from the use or impossibility of use of our Platforms or from the fact that you have relied on information given on our Platforms.
We and our employees, distributors, licensors and representatives cannot be made liable for our free Content, whether by contract, tort (including and without limitation negligence) or other act or omission, regardless of whether such act or omission is direct, indirect, consequential or specific. The exclusions set forth in this section apply even if the loss or harm suffered by you was or should have been foreseen by us and/or you informed us of the risk that you suffered the loss or harm. Nothing in these General Terms of Use shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot be limited or excluded by applicable law, or otherwise affect your statutory rights as a consumer.
11. Details Supplied by Yourself
The user of this website is fully responsible for the content and correctness of details he or she sends to Vivant Biotechnology GmbH as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for Vivant Biotechnology to store such details and to use the same for the purpose of statistical analysis or for any other specified business purpose, unless the information involves personal details, going beyond master data or usage data as defined in sections 14 and 15 of the German Tele Media Act (Telemediengesetz). In particular, Vivant Biotechnology GmbH is entitled to use the contents of such messages, including ideas, inventions, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations.
12.Websites of Third-party Vendors/Links
This website contains links/references to third-party websites. By providing such links, Vivant Biotechnology GmbH does not give its approval to their contents. Neither does Vivant Biotechnology accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. We offer no guarantee that pages linked to provide information of consistent quality. Links to other websites are provided to website users merely for the sake of convenience. Users access such websites at their own risk. The choice of links should in no way restrict users to the linked pages.
13. International Users
This website is checked, operated and updated by Vivant Biotechnology GmbH at Berlin, Germany. It is intended for international use. However Vivant Biotechnology gives no guarantee that the details presented on this website are correct worldwide, and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions throughout the world. Should you call up this website or download contents, please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable in that place.
Products mentioned on this website may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country.
14. Final Words and Rules
Each provision of these Rules applies separately and independently. If any provision of these Rules is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these Rules shall remain unaffected. In such case, the affected provision will either be construed and modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these Rules and enables them to remain in full force and effect to the extent permitted by law.
These Rules shall be governed by and construed in accordance with German law. All disputes arising out of or in connection with these Rules, including any questions regarding their existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Berlin in accordance with the law in force in Federal Republic of Germany, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
The original version of the Rules is in English. Any translated version is for your convenience and information only. In case of disputes the English text shall prevail.