Terms and Conditions of Contract of Xtranet GmbH for the "Glasmarken-Lexikon.de" portal

The following terms and conditions set out below for the usage of the www.Glasmarken-Lexikon.de portal by Xtranet GmbH [hereafter: "Xtranet"] apply to the User [hereafter: "User"]:

1. General Information

(1) The content of these web pages is exclusively used for presenting, what is known as, "Glass Marks" in graphical form, with short descriptive headings, manufacturer names along with detailed and descriptive text and technical terms, museums and literature references in table form.

(2) Whoever uses the "Glasmarken-Lexikon.de" portal, accepts the Terms and Condition of Contract, and declares that he has been advised of the withdrawal rights. This consent and declaration is signalised at registration when clicking on the "I accept and acknowledge the Terms and Conditions of Contract" button and "I am aware of my rights regarding the legal right to withdrawel".

(3) Xtranet will principally inform the User of any current changes to these terms by E-Mail. Xtranet, however, reserves the right to amend these Terms and Conditions of Contract without special notification. Changes will appear on the website as when they are made. The User agrees that the up to date current version of these terms is binding. The User needs to regularly inform himself about the current situation regarding Xtranet's Terms and Conditions of Contract via the "Glasmarken-Lexikon.de" portal.

Amended Terms and Conditions of Contract become effective when the User agrees to them. An agreement to the changes of the Terms and Conditions of Contract becomes binding when issued, and when the User does not object to the amendments within one month after access to the amendment notification, or, as the case may be, within one month after the publishing of the changes.

Xtranet will refer to the right of withdrawal, the withdrawal period and the consequences of an insufficiently timed withdrawal in the amendment notification.

2. Technical Requirements

The User provides, at his own cost, the technical requirements for Internet access (e.g. adequate hardware and software, modem/ISDN card/DSL modem etc., telecommunication connection and Internet access provider).

3. Registration

Registration is not necessary to use the public free-of-charge area (Guest, see Product and Ordering Information) of the "Glassmarks Lexicon" portal. Registration is necessary to use the closed free-of-charge area (Registered User, see Product and Ordering Information) and the chargeable area (limited-access or Premium user, see Product and Ordering Information) of the "Glasmarken-Lexikon.de" (Glassmarks Lexicon) portal. The following apply in this respect: All offers are subject to change and without obligation. The stated prices are final prices and include the statutory VAT applicable in each case. The contract does not come into existence until the user has ordered the performance of free information access for a defined period of time, the charges have been credited to the Xtranet account and Xtranet has activated the performances that were ordered.

4. Licence Agreement, Cancellation and Termination

(1) The licence agreement for the "Glasmarken-Lexikon.de" portal is made with with:

Xtranet GmbH [represented by the director: Dr. Manfred Opp]
Turmweg 17
20148 Hamburg
Telephone: +49 40 4450-6865
Facsimile: +49 40 4450-6866
E-Mail: info@Xtranet.de
http://www.Xtranet.de

(2) The usage rights are not transferable to third parties.

(3) Use of the closed chargeable area of the [bilingual] "Glasmarken-Lexikon.de" (Glassmarks Lexicon) portal is for a period of one year. This applies both to limited-access and Premium usage. Use of the closed chargeable limited-access usage of the [bilingual] "Glasmarken-Lexikon.de" (Glassmarks Lexicon) portal is limited to the number of accesses agreed in the limited-use contract. Use of the free-of-charge area for registered users is valid until revoked by Xtranet. Use starts when registration is confirmed and the performances ordered are activated by Xtranet. The activation date/time is definitive. Use of the "Glasmarken-Lexikon.de" (Glassmarks Lexicon) portal is paid in advance.

(4) Xtranet retains the right to refuse permission to use the "Glasmarken-Lexikon.de" portal. Xtranet can cancel the user agreement without notice if the User violates the access rights, or other severe offences against the Terms and Conditions of Contract. In this case the already paid usage fees are not refunded.

(5) The User, or the Consumer in the case of § 312 of the BGB, can withdraw his declaration of acceptance within two weeks after registration in written form. This right to withdraw expires when Xtranet has commenced with the fulfilment of the services after explicit agreement by the User before the end of the withdrawal period, or the User induces this himself. For all other cases cancellation is excluded.

(6) For cancellation and termination the User sends his username to:

Xtranet GmbH [represented by the director: Dr. Manfred Opp]
Turmweg 17
20148 Hamburg
Facsimile: +49 40 4450-6866
E-Mail: support@Xtranet.de

5. Offer

(1) As a general rule the "Glasmarken-Lexikon.de" portal is available to the User 24 hours per day. Xtranet, however, reserves the right to limit the operating time, or, particularly in the case of technical problems, interrupt it for a temporary period of time. There is no entitlement for the User to claim, when the portal is not available during fixed operating times.

(2) Xtranet reserves the right to change, limit or terminate the offer or individual parts of the offer of the portal at any time. In the event of significant limitations of use, the user is entitled to extraordinary termination of contract. In this case charges for use will be refunded in proportion to time (for Premium use) or in proportion to volume (for limited-access use).

6. Prices

(1) The portal is made available on payment of a fee. The prices at the time of registration are the valid prices. The User explicitly takes notice of the price overview.

(2) The noted prices include the legally required amount of VAT. The User has the opportunity to immediately settle the costs [a payment using the "PayPal" service or by bank transfer] after registering with Xtranet, or at the latest, within 30 days of the order date. If payment is not made 30 days after the order, then the order is deemed as cancelled. The exact time of order at Xtranet is the decisive factor. Should Xtranet have carried out activation of services before the receipt of payment, then Xtranet is entitled to retract this activation, or limit it, at anytime before a receipt of payment is made.

(3) Should the User stop using the services, or has not, or has not completely used the granted usage opportunities before the end of the agreed usage period, then the User has no right of remuneration of charges or part charges.

7. Liabilities and Guarantee

(1) Xtranet endeavours to uphold the accuracy of the content and comments, as well as the maintenance of the technical readiness for service in its entirety. Nevertheless this cannot be guaranteed. A liability for damages for unfounded content and comments, technical failures or other inadequacies is excluded. A warrantee covering the appropriate, correct, accurate and authentic content on the portal is nevertheless not assumed. The contents are accepted "as seen" by the User.

(2) Xtranet accepts no liability or guarantee whatsoever for the legality, accuracy, completeness, and timeliness of third party content. The relevant providers are responsible for third party content. A guarantee for the accuracy of links or for correct classification of links in the services is excluded.

(3) Xtranet verifies the websites, which are included as links within the services, at the time of their incorporation, on the basis of unlawful content, to the best of their knowledge and understanding. Xtranet will remove websites from the services; as soon as it is made known that there are unlawful contents in the sites. The liability for offences in the contents against penal, civil, competition or copyright regulations is excluded.

(4) Incidentally liability is only considered when an intention or gross negligence happens on the part of Xtranet or its employees. The liability for indirect damages, in particular, consequential harm caused by defect, unpredictable damages or extraneous damages as well as lost sales is excluded. The same is valid for the cases of industrial dispute, accidental damages and force majeure.

(5) In the case of slight negligence by Xtranet and/or its servants and legal representatives a liability for financial losses regarding collateral, in particular, consequential harm caused by defect, unpredictable damages or extraneous damages, as well as lost sales is excluded.

(6) The liability of Xtranet in the case of slight negligence regarding consequential harm caused by defects is limited to a maximum amount of EURO 1,500.00.

(7) Incidentally Xtranets assigns no warranty to the functioning of the portal without mistakes or disruptions. Xtranet endeavours to repair possible software or data mistakes in an adequate time.

(8) An obligatory liability regardless of negligence or fault by Xtranet - in particular a liability according to product liability law, as well as a legal guarantee liability - remains untouched by the preceding liability limitations.

(9) Xtranet accepts no liability for unsolicited sent manuscripts, photos and illustrations.

(10) As far as exemption from liability is legally unacceptable, the exemptions from liability, which come next to the preceding regulations in the framework of legal legitimacy, are valid.

8. Trademark Rights

(1) The usage of the information access is limited by time. The simple and non-exclusive usage rights to the supplied services are limited to one year. It is principally governed by the specification of services in the dialogue when concluding an individual usage agreement. The usage right to the information is simple and not exclusive.

(2) Unless otherwise expressively agreed with Xtranet, the User may only use the supplied services, in particular, all cost-based information from the portal for personal use. An industrial or commercial usage of the information for further utilisation (by resale etc.) is expressively not permitted.

(3) Unless otherwise expressively agreed with Xtranet, the User may only use the supplied information services for the length of time stated in the usage agreement. After the expiration of the agreed usage period, the usage rights end and Xtranet is entitled to block further usage at any time. In case Xtranet allows access after the agreed period, this is to be understood as a free service, which in the framework of operative opportunities is considered without a legal obligation.

(4) The third party protected brands and trademarks, named within this portal, are unlimitedly subject to the regulations of the trademark legislation and property rights of the registered owners at that time. On the basis of the pure entry it is not to be concluded that the trademarks are not protected by third party rights.

(5) The copyright for publication of self constructed objects solely remains with Xtranet. Xtranet does not permit a duplication or usage of such graphics and texts in other electronic or printed publications without expressive agreement. Incidentally the legal boundaries are valid, which come from the copyright, privacy protection and other legally applicable regulations.

9. Privacy Protection

(1) The Users are given a username and a password by Xtranet for the usage of the portal. The User can freely choose this. The User is required to keep this username and password confidential, and not to make it accessible to third parties, and to prevent third parties access to it. In case a third party becomes aware of the User's username and/or password, the User should make Xtranet aware of it immediately thereof (info@Xtranet.de). In this case Xtranet will block the username and the password and will send to the User a new username and password (The latter only, in case the User does not know if the third party still knows this).

(2) Xtranet is obliged by all of the rules in the valid privacy protection legislation, and uses greatest possible provisions for data security. Xtranet does not sell personal data to third parties. It should be noted that personal data, communication data and payment amounts are electronically saved. The registered User assents to his personal data, given at registration, being saved and used for the operation of the portal.

(3) Personal data is only made available to third parties, when it is necessary for payment called upon by the User. Furthermore, the usage of personal data is only possible with the expressive agreement of the User. This agreement can be withdrawn at anytime by fax or post (for communication data see point 4).

10. Miscellaneous

(1) The terms and conditions of contract are governed by the laws of the Federal Republic of Germany. The application of the United Nations Sales Convention is excluded. The court of jurisdiction, as far as legally allowed, is in Hamburg. In case the customer is a trader, a legal entity under public law or special public law funds, the sole court of jurisdiction lies at the place of residence of Xtranet GmbH in Hamburg.

(2) These terms and conditions are exclusively subject to the laws of the Federal Republic of Germany.

(3) If individual conditions are or become ineffective, the validity of the other conditions remains untouched. Invalid conditions are consensually to be replaced by such conditions that are applicable in consideration of the interests, and which suitably achieve the desired economic purpose. The same applies for the filling of gasps that could perhaps emerge in these conditions.

(4) Questions regarding the "Glasmarken-Lexikon.de" portal or customer complaints are to be sent by email to the Xtranet user service under support@xtranet.de.

Hamburg, February 2006

Xtranet GmbH
Turmweg 17
20148 Hamburg
Telephone: +49 40 4450-6865
Facsimile: +49 40 4450-6866
E-Mail: info@Xtranet.de
http://www.xtranet.de