1. Content of the Bitburger Product Database
1.1 The Bitburger product database makes available product details as well as technical data for use.
1.2 Bitburger reserves the right to at any time alter the Content of the product database and/or edit or delete some or all of the Content and/or add new Content. The user shall have no claim to the provision of certain Content or to uninterrupted access to the product database. Bitburger may at any time permanently or temporarily close the product database without giving reasons, in particular also for carrying out maintenance work or technical alterations.
2. Access to the Product Database
- distribution partners of Bitburger (the retail trade, drinks wholesalers, catering businesses)
- the press
- agencies acting on behalf of Bitburger or partner companies.
3. Permitted Uses
3.1 All rights, in particular trademark rights and any copyrights, in the Content provided via the product database shall accrue to Bitburger or be exercised by Bitburger. Unless otherwise provided for in the specific description of the Content within the product database from which additional restrictions in terms of territory, subject-matter or time may arise in respect of the rights of use granted below, the following rights of use shall apply.
3.2 Bitburger grants the authorised users under Section 2. the non-exclusive, non-transferable right to use the Content, in particular to copy the Content, distribute the Content and communicate the Content to the public, but only for the purposes, and under the preconditions, specified below:
- for advertising Bitburger products
- for the production of sales material for Bitburger products by dealers and the catering trade
- for promoting Bitburger products sold online
- for promoting the company Bitburger or Bitburger products on company / catering websites
- for editorial use by the press in connection with reporting on Bitburger and/or on Bitburger products
3.3 It shall be impermissible to use Content in conjunction with content that violates human dignity or is racist, misogynistic or morally harmful to young persons, pornographic content and/or extreme right-wing content.
3.4 In the absence of Bitburger's express prior written consent, it shall be impermissible to use the material in any way beyond the purposes specified in subsection 3.2.
3.5 The Content made available shall not be altered, edited, adapted or otherwise falsified.
3.7 The user shall not transfer to third parties the right of use granted to it.
3.8 The above rights of use may be revoked by Bitburger at any time with effect for the future without giving reasons. However, any legitimate interest of the user, e.g. in respect of advertising material already produced, shall be taken into account in the individual case concerned.
4. Warranty and Liability
4.1 The user itself shall be exclusively responsible for adherence to the restrictions applicable to the respective Content in terms of territory, time and subject-matter and shall, when using the Content concerned, observe the applicable statutory provisions, in particular the stipulations under competition law and under the law on the protection of young persons.
4.2 The user undertakes to indemnify Bitburger and Bitburger's parent company, affiliates and subsidiaries against all damage claims asserted by third parties and/or official agencies in relation to Bitburger and/or its parent company, affiliates and/or subsidiaries as a result of the user and/or its agents having unlawfully used the material or having used the material beyond the extent permitted.
4.3 Bitburger shall be liable to the user without limitation in cases of culpable mortal injury, bodily harm or health damage, in the case of claims under the Produkthaftungsgesetz [Product Liability Act] and in the case of any other intentional or grossly negligent breaches of duties. Bitburger shall be liable for slight or ordinary negligence and for property damage or pecuniary loss caused by such negligence only in cases of a breach of material contractual duties where fulfilment is a prerequisite for the proper implementation of the contract, and where the user may particularly expect fulfilment, but liability shall be limited to the loss that is typical of this type of contract and is foreseeable at the time of the conclusion of the contract. Further liability for damages is ruled out regardless of the legal nature of the claim asserted.
The above limitations of liability shall also apply in favour of the statutory representatives, employees and other agents of Bitburger.
5. Side Agreements, Applicable Law, Place of Jurisdiction
5.5 Bitburg shall be the place of jurisdiction if the user is a merchant as defined by the Handelsgesetzbuch [German Commercial Code].
As of: 1 December 2019