Terms of Use of BVB Share

1. General

Borussia Dortmund GmbH & Co. KGaA, Rheinlanddamm 207-209, 44139 Dortmund (“BVB" in the following, additional information in the Imprint ), operates the internet portal "BVB Share" as well as any mobile services offered with regard to this at the following retrievable website and its pages: www.bvb.de/aktie/eng; aktie.bvb.de/eng (referred to jointly as "BVB Share" in the following). “BVB Share" is an informational service (referred to in the following as: BVB Share Services) made available by BVB; its use is subject solely to the following conditions.

 

2. Use of the BVB Share Services 

Principally, the use of the BVB Share Services is free of charge; however, users must have internet access and the necessary technical means and bear all hereby connected expenses. The BVB Share Services are for information purposes only and are not a request, offer, or recommendation to buy or sell securities in any country, including the USA, nor do they represent advice or a recommendation for legal, tax-related, or other investment matters or investment decisions. BVB makes an effort to provide current information at all times to the best of its knowledge. However, all information is provided without a guarantee for its current, correct, or complete nature. Thus, BVB Share Services can also include in particular statements directed towards the future. Such statements that look to the future are based on certain assumptions and expectations at the time they are first made available. Thus, they are connected with risks and uncertainties and the actual results can deviate significantly from those described with the future-oriented statements. A number of these risks and uncertainties are determined by factors outside of the realm of influence of BVB and cannot be estimated in a certain manner today either. These include future market conditions and economic developments, the conduct of other market participants, the achievement of unexpected synergy effects, and legal and political decisions. BVB also does not consider itself obligated to publish corrections to these future-oriented statements in order to reflect results or circumstances that arise after the initial publications date. The BVB Share Services are not intended for persons in legal venues that forbid the publication or use of BVB Share Services on account of their citizenship, residence, or other reason. Persons to whom such a prohibition applies may not access BVB Share Services.

 

3. Copyright and Other Rights

The contents of BVB Share Services are protected by copyright and all rights are reserved. The rights to all pages, contents, and the design of BVB Share Services including any trademark, name, patent, authorship, license, and/or other rights are property of BVB and BVB has sole entitlement to them. In particular, it is forbidden to copy, change, dissect, create an adaptation of the contents of BVB Share Services or transmit, license, assign, or sell the rights to the contents in whole or in part or otherwise claim any other rights.

 

4. Data Protection

BVB operates according to the statutory provisions during all data processing procedures (e.g. collection, processing, transmission). The data necessary for providing and processing BVB Share Services are saved and, in the scope necessary, forwarded to service providers commissioned with the technical execution by the offering party, which is in turn obligated to guard data protection.

For the details, the BVB Share Data Protection Provisions are applicable.

 

5.  Warranty and Exclusion of Guarantee

All information in the BVB Share Service, including graphics, texts, and links or references to other websites and offers are made available as-is and can be changed at any time without notice. The information included in the BVB Share Services are provided without any express or tacit warranty and/or guarantee for the correct, exact, reliable or complete nature or the market-typical quality, suitability for a specific purpose, or the freedom from the rights of third parties. In particular, it is not warranted or guaranteed that the use of the BVB Share Services correspond to the expectations and/or requirements of the user(s), will not be interrupted, or occurs in a timely, secure, free-of-error manner, that errors in the operation or functionality are rectified and/or that BVB Share Services and/or the server(s) by means of which it is accessible are free of computer viruses and other damaging elements.

 

6. Liability

Claims of a user for damages against BVB are excluded. Excluded from this are claims for damages from injury to life, limb, or health or from the infringement of material contractual duties (cardinal duties) as well as liability for other damages that are based on intentional or grossly negligent infringements of duty of BVB, its legal representatives, or agents. Material contractual duties are those that must be fulfilled for the goal of the contract to be reached. In the event of the infringement of material contractual duties, BVB is only liable for the foreseeable damages typical of the contract if it was caused in a simply negligent manner unless it concerns claims for damages from an injury to life, limb, or health. Insofar as the liability of BVB is excluded or limited, this also applies to the personal liability of employees, staff, collaborators, representatives, and agents of BVB.

 

7. Links and/or References to Third-Party Websites

BVB Share and/or BVB Share Services contain links and/or references to the websites of third parties. BVB expressly assumes no liability for the correct, exact, reliable, or complete nature of information there and additional contents. In particular, BVB is not liable for any breach of commercial copyrights and personality rights or other rights. The goods offered and/or services provided on third-party websites may be subject to additional conditions and may be subject to a charge. The user(s) is/are obligated to inform himself/themselves about the general terms and conditions, data protection provisions, and other terms of use before making use of the offers and services of third parties. Links and/or references to the websites of third parties are therefore only to be considered help and do not imply that BVB authorises the respective website or the goods and/or services offered or performed there or considers them correct.

 

8. Final Provisions

Any and all legal claims or suits in conjunction with use of the BVB Share website or the use of the BVB Share Services are subject to interpretation of the laws of the Federal Republic of Germany to the exclusion of the regulations of international private law. Should individual provisions of the terms of use above be invalid in part or in whole, this shall not affect the validity of the remaining provisions of use or parts of such provisions of use. The statutory provisions come into effect in the place of the invalid or missing provisions.

  

Borussia Dortmund GmbH & Co. KGaA

Updated: August 2012