Was versteht man unter Acte-clair und Acte éclairé? (2023)

1 Service description

1.1 MINILEX.de (furthermore “Minilex” or “The Service”) is an internet service founded by Minilex Ltd (limited liability company). The service is to be used in Germany.

1.2 Minilex may serve also such services that are produced by other providers than Minilex. Such service providers are referred furthermore as “third party”.

1.3 By using this service a User shall accept to be bound by the terms of use that are applicable at that time of use. If a User is reluctant to be bound by the terms of use, then the User must immediately stop using the Service.

2 User rights and intellectual property rights

2.1 All the copyrights concerning the Service including all the material that is available on the web page belong to Minilex or its partners.

2.2 Any kind of use of Material or part of the Material including copying, borrowing, transferring and other type of commercial use in any possible manner without a written permission of Minilex is forbidden. Violating the copyrights may lead to a criminal law suit or a plea of damages from behalf of Minilex or a third party.

2.3 Any Material of the Service shall be linked to the other webpages without permission of Minilex or its partners except linking under circumstances that would make it incompatible with honour and good faith. When borrowing the Material the name Minilex or MINILEX.de shall be indicated as a source and the Material has to be linked to the webpage that is borrowing the Material. In ambiguous cases you may take contact to the Service provider.

3 Rights, obligations and limitations to the liability of Minilex

3.1 Minilex shall not guarantee functionality, legal applicability or validity of any Material including written information, pictures, links, animations and other information that is technically saved on the webpage. It is acknowledged that the Material may contain either technology based or contents based errors or fallacies.

3.2 Minilex shall not be liable of functionality of the programs or devices necessary for using the service. Neither is Minilex liable to direct nor indirect damages that a User suffers due to errors or any malfunctioning of programs thereof.

3.3 Minilex shall not in any case be liable for failures, viruses, communication faults that are resulted from technical problems, service or installation work. The same applies with the possible alteration or disappearance of information and with the other damages.

3.4 Minilex shall not be liable for the inadequacies, errors and defects in contents of the databases nor direct or indirect damages caused by usage of the databases.

3.5 Minilex shall not under any circumstances be held liable of marketing communication or the validity of the information that has been given by it when such marketing communication is conducted by a third party by using Minilex webpage. Neither shall Minilex be liable for the products or services that are promoted by a third party in Minilex webpage.

3.6 Minilex is entitled of changing and modifying the Service including copying, transferring and removing the information and material in the Service.

3.7 Minilex shall be any time entitled of changing or otherwise altering these terms of use.

3.8 Minilex shall not be liable for any damages that result from force majeure or other comparable circumstances that cause unreasonable difficulties for activities of the Service.

4 Rights and liability of a User

4.1 User agrees to follow German legislation and remain in good faith whenever using the Service and the information and Material that is transmitted through the Service.

4.2 User agrees not to transmit or otherwise illegally use copyrighted Material without a permission of a right-holder in question. The same applies with all type of intellectual property rights related to the Material. Only a User shall be liable for consequences of violating this term.

4.3 Only User shall be liable for all the costs and other consequences that result from using the Service and ordering services or products via Service.

5 Ask a Lawyer service – The terms of use

5.1 Ask a lawyer service functions under the German legislation. Therefore, when using the Service you are not permitted to:• Publish names or contact information of private persons without the permission of a person concerned. • Publish inappropriate or insulting comments concerning another User, a certain person or a limited group of people.• Publish illegal or insulting material.• Encourage anyone to commit a crime or violence.• Produce text that has racist contents.• Produce text, photos or film that has pornographic contents.• Use copyrighted Material.• Send links to such files or web pages, which contain violence, racism, pornography or illegal material.• Promote or market a product or a service without a permission of Minilex.• Conduct mass mailing.

5.2 Minilex shall not be held liable for any text produced when using Service nor consequences of such texts. Ask a Lawyer service shall be used only at User’s own risk.

5.3 The questions sent to Ask a Lawyer service can be published in the Service when answers are given to them and the questions with the answers shall be therefore available for anyone. Do not publish under any circumstances any personal information, sensitive or classified information or anything else that you don’t want to be available for anybody.

5.4 The questions that are sent by using Service shall be answered by private lawyers including law students. If none of the private lawyers of the Service answers to a question in 24 hours after sending it, the question may become answered by a law student. Neither Minilex nor the lawyers, including the law students, that are answering the questions shall be held liable under any circumstances for the quality or consequences of the answers. The answers given in the Service shall not be considered as legal advices or orders that are reliable without any restrictions. You shall always make your own agreement of assignment with a lawyer in order to reach certainty concerning your legal rights or obligations related with a question you have sent.

5.5 As a User you understand and accept that a free answer you have received from Ask a Lawyer service and is given by either a lawyer or law student might be only a generic and preliminary answer that cannot as such be applicable to any concrete case. As a User you understand and accept that a lawyer or a law student that has given the answer may have not received all the necessary information and facts concerning your case due to which a lawyer or a law student hasn’t been able to compose an answer that is all inclusive.

5.6 After receiving a preliminary answer from a lawyer you may contact the lawyer by yourself and enter into an assignment contract with the lawyer if you want. If you enter into such a contract shall the contract be applicable only between you and the lawyer or a party lawyer appoints. Therefore, neither the Service or Minilex Ltd shall not be under any circumstances a party to such a contract nor having any liability related with such a contract.

5.7 Lawyers and law students answering to the questions in Service are independent of Minilex and therefore shall not be considered as representatives or employees of Minilex.

5.8 Service and Minilex Oy shall retain exclusive right to remove any kind of text from the Service, for instance inappropriate and illegal texts. Causing disturbance may lead that a User’s IP address shall be traced and a police investigation started when necessary.

6 Terms of Use concerning the legal articles and the other material

6.1 By using Minilex, A User shall accept that all the legal articles and other material might be only overall guidelines or models and are therefore not applicable as such to any concrete case.

6.2 Neither the Service and Minilex nor the producers of legal articles and other Material shall be held liable under any circumstances for defects or inaccuracies that are related with the contents of the Service. The Service or Minilex shall either not be held liable for problems or damages that are resulted from using the Service.

7 Other terms of use

7.1 As a User you may read and copy the information from the Service for your own non-commercial use. You shall never publish, re-sell, rent, license or otherwise use the information of the Service economically without making a specific written agreement with the Service.

7.2 Neither Minilex nor Minilex shall guarantee legal or any other validity or timeliness of the texts, pictures, sounds related with the Service.

7.3 Minilex shall be entitled of keeping such kind of registers that are related with the use of the Service. Minilex and Minilex shall be entitled of using and assigning information from the registers for such kind of purposes that are necessary for activities of Minilex.

7.4 A User may prohibit Minilex or its affiliates from using Users personal information that is registered in the Service for direct marketing, market researching or opinion polling.

7.5 All disputes arising out of or in connection with the present contract shall be finally settled according to the Finnish law in the district court of Helsinki, in Finland.

7.6 The Service shall retain exclusive rights for altering from or modifying these terms of use any time.

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