CONDITIONS OF USE

1. Scope of the conditions

   These conditions apply exclusively for the file conversion service (odify) which is offered to the user online by pbr systems GbR.
   Any user conditions which deviate herefrom do not apply. They do not apply even if they are not expressly or implicitly contradicted by pbr systems GbR.

2. Scope of service and obligations of pbr systems GbR

   a) Cost-free nature of the service

   The file conversion service offered by pbr systems GbR is free of charge for the user.
   The costs that accrue to the user himself - for example by establishing an internet connection - must be borne by him.

   b) User base

   pbr systems GbR makes the service available to private as well as commercial users.

   c) File format and file size of files to be converted

   Only files which are in those formats for which the service is offered shall be converted. The convertible formats offered can be viewed at: http://www.odify.com/converter/about
   Only files not exceeding 50 MB in size can be converted.

   d) Holding the converted file ready for downloading

   pbr systems GbR holds the converted file ready for the user to download. It is a requirement for downloading that the user maintains his internet connection throughout the conversion process, and does not close the browser window for the service.

   e) Returning data

   Within the conversion process, as far as is technically possible, the user will have the original file which he uploaded for conversion returned to him. The file will be deleted at pbr systems GbR after twenty-four hours.

   f) Storage and deletion of files

   pbr systems GbR stores both files awaiting conversion and converted files for twenty-four hours starting from the respective upload. After that, the files will be automatically deleted.

   g) Confidentiality of data

   pbr systems GbR undertakes to keep secret the user’s confidential matters, or matters warranting protection, which become known to it in the course of conversion, and to make use of these only within the context of providing the service and not for other purposes.

   h) Rejection of files

   pbr systems GbR may refuse to convert files larger than 50 MB in size, or those containing illegal content. This applies particularly to files which have

   • terrorist content
   • content inciting hatred
   • inhumane content (e.g. representations of torture, death games etc.)
   • pornographic content, particularly child pornography.

   It also applies to files which have been manipulated by the user – for example, those deliberately prepared with malicious code.

3. Requirements and obligations applying to the user

   a) Supply of data by the user

   The user must upload the files to be converted to pbr systems GbR. The costs accruing to the user by doing so (internet charges, connection charges etc.) must be borne by the user.

   b) File format and file size

   The user uploads only those file formats for which pbr systems GbR offers conversion. The file formats are listed on the website for the service, at http://www.odify.com/converter/about. The file to be converted must not be larger than 50 MB.
   

   c) Delivery of safe files

   Before uploading, the user is obliged to check the file to be converted for viruses, trojans etc., using a suitable program, and to upload only files classified as harmless.

   d) Content of the files to be converted

   The user undertakes not to upload any files that have

   • terrorist content
   • content inciting hatred
   • inhumane content (e.g. representations of torture, death games etc.)
   • pornographic content, particularly child pornography,

   or which have any other illegal content.
   Furthermore, the user must not upload any files that have been manipulated – for example, those deliberately prepared with malicious code.

   e) Duty to secure data

   The user is obliged to ensure, by taking suitable measures, that he has saved the original file to be converted, or is able to restore it at reasonable expense.

   f) Maintaining the online connection and the browser window

   In order to be able to use the services, the user must continuously maintain his online connection and keep the browser window for the service open. Unless this is done, the data cannot be transferred, since during this service the only communication between pbr systems GbR and the user takes place via the browser window, and thus requires an active internet connection.

   g) Downloading the converted file

   The user can download the converted file within twenty-four hours, as long as he maintains the internet connection during the conversion process and keeps the browser window for the service open. After that, the download entitlement lapses.

   h) Safeguarding copyright, patent rights, trademark rights etc. of third parties

   The user undertakes to provide for uploading only such files which he has the corresponding rights to use, process etc. In particular, he undertakes to safeguard the copyright, patent rights, trademark rights, ownership rights, licensing rights and other third party rights.

4. Discrepancies in the converted file from the original file

   The converted file may exhibit discrepancies from, or may contain errors in comparison with, the original file. There is no entitlement to a converted file that is free of errors or discrepancies.

5. Performance of the service by third parties

   pbr systems GbR may assign the performance of the service to third parties.

6. Availability of the service

   pbr systems GbR reserves the right to cease the service at any time, in full or in part, or to modify it.
   pbr systems GbR does not guarantee the technical availability of the service.

7. Liability of the user

   a) The user is liable for all damage arising from wilful, gross or slight neglect of his participation obligations or from his otherwise wilfully, grossly or slightly negligent behaviour.

   b) The foregoing (point a)) also applies for damage for which claims are asserted by third parties against pbr systems GbR, and which is attributable to wilfully, grossly or slightly negligent behaviour or dereliction of duty on the part of the user.

   c) The above liability regulations (points a) and b)) also apply for persons for whose actions the user is responsible.

8. Liability of pbr systems GbR

   a) pbr systems GbR is not liable for damage suffered by the user in connection with the conversion of his data. In particular, pbr systems GbR is not liable for

   • damage attributable to the user’s neglect of obligations of participation
   • damage attributable to technical faults
   • loss of data
   • defective or discrepant conversion of files
   • the re-acquisition of data
   • the correctness of the content of the files awaiting conversion and converted files
   • damage that occurs through illegal access by third parties to the files and systems of the user or of pbr systems GbR.

   b) The limitation period for claims for damages is one year.

   c) The aforementioned restrictions/ exclusions of liability do not apply where there has been injury to life, physical injury, or injury to health, or the damage is attributable to wilful or gross negligence.

   d) The above regulations on liability also apply for third parties used by pbr systems GbR to render the service on offer.

9. Data protection

   Data, such as e.g. details concerning the beginning and end of use of the service, IP address, the extent of use of the service by the user, are collected, processed and used only as far as is necessary in order to enable use of the service. These data are general server statistical data, but not personal data.
   The files awaiting conversion, and the files that have been converted, are deleted from the pbr systems GbR server after twenty-four hours.
   pbr systems GbR observes the relevant and applicable statutory data protection regulations.

10. Applicable law and place of jurisdiction

    The applicable law is the law of the Federal Republic of Germany. The place of jurisdiction is Bonn, the place of business of pbr systems GbR.