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Communication and participation guidelines

Dear reader,

We are delighted to welcome you to our mySortimo Blog! Here you will find valuable articles about the world of Sortimo products, helpful tips and tricks as well as authentic product tests from our fans and customers.

In order to ensure respectful and fair interaction and a friendly tone on this blog, here we set out our communication guidelines and tips, which we wish everyone to follow for a successful and fruitful dialogue and exchange of opinions.

Contacting the editorial team:

Even we need some time off! 😉 That’s why our blog editorial team is available Monday to Friday from 8:30 am to 5:30 pm.

Terms of participation and use for the mySortimo Blog

Preamble

Sortimo North America Inc. (called “Sortimo” in the following) maintains a blog at www.mysortimo.us/blog that provides interesting, additional information about Sortimo products, current background stories, podcasts, videos and much more.

We cordially invite you as a user and/or reader (collectively called “user” in the following) to participate. You have the opportunity to get in contact with us and other users via the comment function. However in doing so, you must follow a few rules that we will lay out in the following. The contributions/comments should be visible for all users. Therefore, it is required that Sortimo obtains the corresponding rights of use to all contents from you that are created within the scope of the mySortimo blog.

Naturally, we only grant ourselves the rights from you that we absolutely need in order to publish the contributions and/ or distribute them to other users.

§ 1 Scope of the terms of use

  1. The following terms of use apply to access to as well as the use of the mysortimo blog as well as all contributions that are published on or in the mysortimo blog and/ or its sub-sites. They apply to all information, texts, graphics, photos (photographic works, slides) and videos or other similar contents that are uploaded currently and/ or in future by you within the scope of using the mysortimo blog (collectively called “contents” in the following.)
  2. The mysortimo blog can be used free of charge. In order to use the blog, you must accept and observe the following terms or participation and use. By accessing the blog and/ or publishing content and/ or by giving your explicit consent to their validity, you thus agree to the following terms.

§ 2 Subject of the terms of participation and use

  1. Sortimo makes the mysortimo blog available through which users can get in contact and communicate with each other. Users can access the content available on the blog and furthermore can also make use of any free as well as fee-based services currently on the mysortimo platform – subject to availability. See the description of services in § 6 for more information about these services.
  2. These terms of participation and use govern the provision of services by Sortimo and the use of these services by you as the user.
  3. You can obtain information about Sortimo here.

§ 3 Changes to the terms of participation and use

  1. Sortimo reserves the right to update and/ or change these terms of participation and use at any time. Sortimo will inform users about such changes in a suitable manner in good time (e.g. via push notification, banner ad, etc.)
  2. The use of the mysortimo blog is subject to the current valid version of the terms or participation and use.
  3. If the mysortimo blog is continued to be used after changes take effect, then the user thus declares his acceptance to the changed terms of participation and use.

§ 4 Comment guidelines

  1. Specific blogging etiquette and rules, which will be explained in the following, apply here. They are required to ensure that you will feel comfortable using our blog and ensure that others also enjoy the exchange on the mysortimo blog. Above all, they will also ensure added value for all users.
  2. How we want discussions to work:
    Sortimo would like to put users in a position to form their own opinion of Sortimo products and services based on reliable information. Therefore, we desire a lively and constructive dialogue among our users as well as with us. Your feedback about our products and services is very important to us. Conduct your discussions on our blog just like you would on our platforms on Facebook, Twitter, Youtube, LinkedIn and Xing.
  3. Therefore, when writing comments, please observe the following:
    1. We would like to only communicate in English here so that all users can understand the posts.
    2. Your comments must be constructive and pertain to the respective posts.
    3. Please always remain polite. Please select a tone that you would use in a personal conversation – and one that you yourself would like to be addressed by.
    4. Do not provoke at a personal level and do not allow yourself to be provoked.
    5. Always make sure that you have the proper rights to disseminate the contents published by you. Quotes must be referenced as such.

§ 5 Netiquette

  1. Our blog editorial team checks every single comment before publication to ensure adherence to the blogging etiquette and rules listed here. Sortimo reserves the right to edit comments on our blog without prior notice, not publish them and/ or delete them if they violate our principles. Sortimo takes the legitimate interests of users into consideration here and selects the least stringent means to defend against violations of the principles specified in these terms of participation and use.
  2. The following principles apply here:
    1. Discrimination and defamation of persons and groups have no place in our blog, especially because of their religion, origin, nationality, physical condition, sexual identity, age or gender. Such statements are in our opinion not covered by freedom of expression. We reserve the right to ban the responsible person permanently from our site.
    2. Comments that are defamatory, offensive, pornographic or otherwise inadmissible or even criminal, or that disseminate National Socialist terminology will not be approved, and/ or will be deleted.
    3. Contributions/ Comments that contain advertisements or commercial contents of third-party brands will be deleted by us and/ or not published. You can also link to subject-related contributions on your own blogs or websites. However, these links will be deleted and/ or not published by us if they violate these rules.
    4. Your privacy is very important to us. Comments that contain personal data about you as well as third parties, including but not limited to addresses and telephone numbers, are not published by us. If you comment under a real name, you may only use your own name.
    5. Comments that prove to be incorrect or untrue will be subsequently deleted by us.
  3. Sortimo retains the right to ban users who repeatedly or severely violate our rules temporarily or permanently from our blog.
  4. There is no entitlement to the publication of your comments. There is also no entitlement to justification in the case of non-publication, especially if the above-mentioned rules have been violated.

§ 6 Range of services and service availability

  1. Sortimo provides you with various information services for temporary use on the blog. These services, for example, can take the form of making data, contributions, image and sound documents, information and other contents available (collectively called “contents” in the following) as well as providing the option of making contact with other participants via the writing of comments.
    The content and scope of the services are determined by the functionalities currently available on the blog.
  2. The blog can also contain services available from third parties to which Sortimo merely provides access. Deviating or additional rules to those in these terms of participation and use, which you will be informed about by Sortimo, may apply for the use of these third party services – which have been identified as such.
  3. In all other respects, there is only an entitlement to the use of the services available on the blog within the scope of the technical and operational means available to Sortimo. Sortimo endeavours to ensure the highest level of interruption-free availability possible for its services. However, temporary restrictions or interruptions can occur due to technical malfunctions (e.g. interruption of the power supply, hardware and software errors, technical problems in data lines).

§ 7 Changes to services

Sortimo is entitled to change the services offered free of charge on the blog, to make new, free or fee-based services available and to cease the provision of services offered free of charge at any time. Sortimo takes the legitimate interests of users into consideration in each of these cases.

§ 8 Protection of contents, responsibility for third party content

  1. The contents available on the blog are primarily protected by copyright or other property rights, and remain the property of Sortimo, other users or other third parties which have made the respective contents available. You may only use these contents according to the terms of participation and use as well as within the framework specified on the blog.
  2. The contents available on the blog originate partially from Sortimo and partially from other users and/ or other third parties. (Contents from users as well as other third parties will be collectively called “third party contents” in the following.) Sortimo does not verify third party contents for completeness, correctness and legality and assumes no responsibility or guarantee for the completeness, correctness, legality and topicality of third party contents. This also applies with regards to the quality of third party contents and their suitability for a specific purpose, and also where it concerns third party contents on linked external websites.

§ 9 Scope of permitted use, monitoring of usage activities

  1. Your usage authorisation is limited to access to the blog as well as the use of the services available on the blog within the provisions of these terms of participation and use.
  2. You are personally responsible for procuring the technical requirements needed for using the services in your area of responsibility. Sortimo does not owe you any advice concerning this matter.
  3. Sortimo points our that your usage activities can be monitored to the extent permitted by law. This also includes, if necessary, the logging of IP connection data and the course of discussions, as well as the evaluation of them when there is a concrete suspicion of a violation of these terms of participation and use and/ or a concrete suspicion of the existence of other illegal activity or crime.

§ 10 Blog users posting their own contents

  1. Provided that it is available as a functionality on the blog, you may post contents to the blog and thus make them available to third parties by observing the following rules.
  2. With the posting of contents, you grant Sortimo a simple, geographically unrestricted, royalty free and transferable right of use in each case to the respective content, in particular
    1. for the saving of contents to Sortimo servers,
    2. and for their publication, especially making them available to the public via all distribution channels that are currently available or may be available in the future,
    3. for the editing, copying, reproduction, processing, customisation, modification, provided this is required for the provision and/ or publication of the respective contents on the blog.
    4. We require these rights in order to be able to provide the blog with its contents.
  3. You are fully responsible for the contents that you post. Sortimo does not review contents (except for the reasons listed in § 5) for completeness, correctness, legality, topicality, quality and suitability for a specific purpose. Therefore, you declare and warrant to Sortimo that you are the sole owner of all rights to the contents that you post on the blog or are otherwise entitled (for example, via valid permission of the rights holder) to post contents to the blog and to grant the rights of use and exploitation according to the above paragraph (2).

§ 11 Right of use to the contents available on the blog

  1. Unless otherwise stated in these terms of participation and use, or expressly allowed on the blog, or is enabled via a corresponding functionality on the blog (e.g. a download button),
    1. you may only access and display the contents on the blog online for personal purposes.
    2. you are prohibited from editing, modifying, translating, exhibiting or showing, publishing, presenting, copying or disseminating the contents on the blog in whole or in part. You are also prohibited from removing or changing copyright marks, logos and other marks or protection markings.
  2. You are only authorised to download contents as well as print contents insofar as an option for downloading and/ or printing is available on the blog as a functionality.

    You receive an open-ended and non-exclusive right of use to the properly downloaded and/ or printed contents for your own personal, non-commercial purposes. Apart from that, all rights to the contents remain with the original rights holder (Sortimo or the respective third party).
  3. Your mandatory statutory rights remain unaffected.

§ 12 Data protection

  1. Sortimo quality standards ensure that we handle the personal data of participants (this data is called “personal data” in the following) responsibly. Therefore, personal data provided for the use of the available services are only collected, saved and processed by Sortimo insofar as this is required to provide the service and is allowed by statutory provisions or mandated by law. Sortimo will keep your personal data confidential as well as handle your data according to the provisions of the EU General Data Protection Regulation and not pass on this information to third parties.
  2. In addition to this, Sortimo only uses your personal data insofar as you have expressly consented to this. You can revoke this consent anytime.
  3. You can find all information about data protection here.

§ 13 Warranty and liability

  1. Sortimo does not guarantee that interactive processes will properly reach the user and makes no guarantee that Internet access is available at all times. Sortimo does not guarantee that the data exchange will take place at a specific transmission speed. Sortimo is not liable for disruptions that are caused by defects or interruptions of respective end user devices or of user communication channels to the server, or that are caused by misuse of a user name (nickname) and e-mail address.
  2. Sortimo expressly excludes, insofar as legally permitted, any further warranty.
  3. The user is liable for all consequences and disadvantages which emerge for Sortimo due to improper or illegal use of the blog. The user will release Sortimo from any kind of claims or demands by third parties at the first request which third parties assert due to violation of their rights by the user himself or by contents generated by the user. The user is obligated to support Sortimo in defending such claims.
  4. Sortimo is not liable for any direct, indirect, special losses and/ or damages of the user that result from the use of the blog and those that are due to a disruption in communication or power lines, outages of mobile providers, effects of harmful software, improper acts of third parties that have unauthorised access and/ or aim to shut down the software and/ or hardware of Sortimo as well as circumstances of force majeure. In such cases, Sortimo is not obligated to reimburse users for losses.
  5. If the functionality of the blog is impaired due to technical or other reasons that are independent of and/ or uncontrollable by Sortimo, then Sortimo has the right to shut down the blog completely and/ or temporarily and/ or permanently.
  6. User claims for damages are excluded. Exempt from this are user claims for damages arising from injury to life, body or health as well as the liability for other damages that are based on the intentional or grossly negligent dereliction of duty on the part of Sortimo, its representatives or vicarious agents. Furthermore, the liability for the violation of obligations, the fulfilment of which makes proper execution possible in the first place and which the user may rely on regularly, remains unaffected (cardinal obligations). In case of a slightly negligent breach of these contractual obligations, Sortimo is only liable for foreseeable damages typical for this type of contract unless the user claims damages due to injury to life, body or health.
  7. The liability for personal injury and under the Product Liability Act remain unaffected by this.
  8. The blog can contain links to websites or other online offers from third parties. Users recognise that Sortimo is neither responsible nor liable for the availability or correctness of external websites along with the contents, products or services provided there. Users assume sole responsibility and all risks for the use of these websites.

§ 14 Severability clause

Should a provision of these terms of participation and use be or become invalid, the legal validity of the remaining provisions remains unaffected by this. The invalid provision shall be replaced by a valid provision which comes closest to the original economic intent of the parties.

§ 15 Applicable law

These terms of participation and use are subject to the law of the United States of America to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).

§ 16 Court of jurisdiction

The exclusive court of jurisdiction for all disputes arising from these terms of participation and use is the registered office of Sortimo insofar as the agreement of a place of jurisdiction is permitted.