1.2 Any general terms and conditions on the side of the user do not apply.
2. Use of the website; age restrictions
2.1 This website is intended for residents of the Federal Republic of Germany exclusively.
2.2 Persons younger than 21 are not permitted to use the website. Age confirmation is provided by clicking the checkbox "YES, I am 21 years or older".
3. Availability of the website; power of alteration
Paulaner strives to keep the website online without interruption. Paulaner, however, does not guarantee constant availability and is entitled to change individual features or services, either temporarily or permanently, or restrict access to these services at any time.
4. Application and registration
4.1 In general, this website can accessed without application or registration. Some of the services available on the website, however, require the user’s personal application or registration.
4.2 In registering or making an application, the user should truthfully provide his or her requested personal details. The user bears responsibility for the accuracy and currentness of details entered. By completing the application or registration, the user confirms that he/she is adult and legally competent. An application or registration can only be completed successfully when all obligatory fields have been filled. Entry of information in the fields marked optional, however, is not obligatory and not necessary for successful registration.
4.3 Paulaner is entitled to refuse any application or registration without giving a reason. In this case, information entered by the user is deleted.
In case a password is assigned to him or her, the user is obliged to keep it confidential. In case the user becomes aware of any misuse of this password, he/she must inform Paulaner promptly. In case of a misuse of the password, Paulaner is entitled to block access immediately. The user is liable for any misuse for which he/she is responsible.
6. Content provided by the user
6.1 If the user is allowed to add content to the website (such as text or photos, for example, for contents) the provisions of section 6 will apply.
6.3 Paulaner will not appropriate any content which has been added by the user. Paulaner reserves the right to not publish any content provided by the user or to delete such published content at any time without giving reason.
6.4 At the point in time when the user adds his/her content, the user grants Paulaner non-exclusive, freely assignable rights of usage and utilization without restriction in terms of place, time, or content. This right includes all known and unknown ways of utilization. In particular, Paulaner’s rights cover usage for websites in other telecommunications media provided by Paulaner, as well as any other usage in electronic networks including the internet and intranets, for on-demand services of any kind, for mobile-supported applications, audiovisual media, digital media and multimedia products of all types, as well as print media.
Paulaner’s rights include in particular:
- The right to reproduce content, to make it publicly available and to distribute it. This means the right to reproduce content without any limit, make it publicly available, and transmit it publicly irrespective of the technology employed and in particular by digital means in context of websites and other telecommunications media.
- The right to make content available on demand, that is, the right to store content, to keep it ready for publication, to transfer it to one or more users who request it, and to store it in any form of database, digital networks, or networks of telecommunication services;
- The right of public reproduction, that is, the right to publicly reproduce the content via audio media or image media, audio-visual media, multimedia carriers, and other data media in all formats, under application of any processes and technologies, analog and digital, commercially or non-commercially, including the right to acoustically reproduce text digitally or non-digitally;
- Editing rights, that is, the right, while preserving moral rights of authorship, to edit, translate, arrange, or otherwise modify the content, (including editorial work by third parties ) including the right to publish or utilize such modified content, and right to reproduce the results in all types of media and particularly in print media;
- Advertising rights, that is, the right to use contents to promote websites and other telecommunications media or other services profided by Paulaner or third parties, also via any other media apart from the internet, print media in particular.
7. Liability for links
7.1 In the case of links to third party telecommunications media which lie outside the responsibility of Paulaner, Paulaner bears liability for linked unlawful content of third parties only where Paulaner is aware of this unlawful content and it is technically feasible and acceptable to prevent access or usage.
7.2 Paulaner has no influence on media content from other service providers accessed through links or via other means. Paulaner does not appropriate the content of such media.
8. Downloads; security measures
8.1 Where the user can download content or applications from one of the Paulaner websites, the provisions of section 8 apply.
8.3 Downloading and the use of downloaded content or applications is at the user´s own risk.
8.4 Paulaner bears no liability for material defects and defects of title, unless such defect is based, on Paulaner’s side, on deliberate intent or gross negligence or is fraudulently ignored by Paulaner.
8.5 The user is obliged to avail of measures provided for the security of his/her computer, in particular to use established security settings on the browser, carry out regular data backups and use up-to-date security software for protection from viruses and other malware.
9. Proprietary rights
9.1 The user acknowledges that the websites and contents available through them constitute a database and “Datenbankwerk” according to sections §§ 4 para. 2, 87a para. 1 of the German Copyright Act (UrhG), with Paulaner being the holder of rights. The associated computer programs are subject to protection under sections §§ 69a et seqq. of the German Copyright Act (UrhG). All content is protected by copyright law and copyright belongs exclusively to Paulaner. Existing third party proprietary rights are not affected.
9.2 The rights to all other elements of the website, in particular usage rights and ancillary copyright of the content provided by Paulaner, also belong to Paulaner.
9.3 All trademarks used on the website are registered by Paulaner or are licensed to Paulaner for usage on the website. Usage of any trademarks and logos is forbidden, unless Paulaner or the owner of the respective trademark have expressly permitted such usage.
10. General limitation of liability
10.1 Paulaner is liable under statutory provisions for injury to life, personal injury or damage to health as well as for damages based on deliberate intent or gross negligence on the part of Paulaner, their legal representatives or one of their agents. Liability under the German Product Liability Act, where applicable, is not affected. Any other liability on the part of Paulaner is excluded.
10.2 The above provisions also apply for the benefit of employees and any other agents of Paulaner.
11. Applicable law, preferred language
11.2 Translations of these Terms into another language, particularly into English, serve only as an aid to comprehension. Only the version in the German language is legally binding.