Terms and conditions
1. The terms and conditions set out below apply to your
use of eCAPITAL's websites. Please read them. Specific
terms apply to any use you make of the search feature
of eCAPITAL's portfolio database on www.ecapital.de and
these are set out in paragraphs 16-22 below.
2. "eCAPITAL" means eCAPITAL entrepreneurial Partners AG and includes, but is not limited to, the text,
images, links, sounds, graphics and video sequences
displayed in the website (the "Materials").
3. By accessing the eCAPITAL Website you agree that
you have read and accept these terms and conditions.
If you do not agree, do not use the eCAPITAL Website.
eCAPITAL entrepreneurial Partners AG
4. Nothing on the eCAPITAL Website or in the Materials
constitutes or is intended to constitute financial or
other advice and you should not act upon any information
contained on the eCAPITAL Website or in the Materials
without first consulting a financial or other professional
adviser.
US Residents
5. Special rules are applicable when US residents and
other US persons access the eCAPITAL Website. eCAPITAL
is not offering any securities or services in the United
States or to US residents through the eCAPITAL website.
6. A "US resident" includes any US person,
as well as (i) any natural person who is only temporarily
residing outside the United States, (ii) any account
of a US person over which a non-US fiduciary has investment
discretion or any entity, which, in either case, is
being used to circumvent the registration requirements
of the US Investment Company Act of 1940, and (iii)
any employee benefit or pension plan that does not have
as its participants or beneficiaries persons substantially
all of whom are not US persons. In addition, for these
purposes, if an entity either has been formed or is
operated for the purpose of investing in a particular
security or obtaining a particular service, or facilitates
individual investment decisions, none of the beneficiaries
or other interest holders of such entity may be US Residents.
Terms used in this paragraph (including the term "US
person") have the meanings given to them in Regulation
S under the US Securities Act of 1933.
Privacy policy
7. eCAPITAL respects the privacy of every individual
who visits eCAPITAL's website and is always careful
to ensure that information disclosed to eCAPITAL in
confidence is treated confidentially. Please see eCAPITAL's
full privacy policy.
Limitation of liability
8. Nothing in these terms and conditions shall be taken
to limit or exclude any liability that may not otherwise
be limited or excluded under applicable law. Use of
the eCAPITAL Website and the Materials are at your sole
risk. eCAPITAL will not be liable to any person for
any direct, indirect, special or consequential, losses,
damages or awards of any kind, howsoever caused, as
a result of the use of or inability to use, or reliance
on, the eCAPITAL Websites or any of the Materials. eCAPITAL
excludes all warranties, conditions, terms, undertakings
and representations (excepting fraudulent misrepresentation)
of any kind, express or implied, statutory or otherwise
in connection with the eCAPITAL Website and the Materials
to the fullest extent permitted by law.
Disclaimer
9. The Materials and the eCAPITAL Website are provided
on an "as is" and "as available"
basis. eCAPITAL gives no warranties (express, implied
or statutory) as to satisfactory quality or fitness
for purpose of the Materials or that any of the Materials
or the eCAPITAL Website will be provided uninterrupted
or free from errors or that any identified defect will
be corrected. eCAPITAL has the right to suspend or withdraw
the provision of eCAPITAL Website or the Material without
prior notice at any time. Further, no warranty of any
kind is given that the eCAPITAL Website and the Materials
are free from any virus or other malicious, destructive
or corrupting code, programme or macro. eCAPITAL does
not warrant that the eCAPITAL Website or the server(s)
that make(s) it available are free of any virus or other
harmful elements.
10. Reference in the eCAPITAL Website and/or the Materials
to any hypertext link, product, process or service does
not imply eCAPITAL's support for, nor endorsement or
recommendation of, the provider thereof or the product,
process or service to which reference is made. The eCAPITAL
Website may contain hypertext links to other websites,
resources or other third parties. eCAPITAL is not responsible
for the availability of, and accepts no liability in
relation to, these external websites or their contents.
eCAPITAL is not a sponsor, partner, promoter or publisher
of any of such websites.
Copyright and trade marks
11. The Materials are the copyright of eCAPITAL and
its third-party licensors and may not be copied, distributed,
uploaded, posted, republished, decompiled, disassembled,
reverse-engineered or transmitted in any way without
the prior, written consent of eCAPITAL. You may, however,
download one copy for your personal non-commercial use
or non-commercial use within the organisation in which
you work on condition that you do not delete or change
any copyright, trade mark or other proprietary notice
contained in the Materials nor alter the way in which
they are presented. Modification or use other than as
permitted above violates eCAPITAL's intellectual property
rights in the Materials.
12. The trade marks, service marks and logo (the "Trade
Marks") used and displayed on the eCAPITAL Website
are registered and unregistered Trade Marks of 3i and
others. Nothing in these terms and conditions or on
the eCAPITAL Website should be construed as granting
any licence or right to use any Trade Mark displayed
on the eCAPITAL Website. eCAPITAL enforces infringements
of its intellectual property rights to the fullest extent
permitted by the law.
Further information about eCAPITAL and the
eCAPITAL Website
13. The information in the eCAPITAL Website is only
for the attention of the residents of jurisdictions
where it can be lawfully disseminated.
Governing law
14. The agreement between eCAPITAL and you relating
to your use and browsing of the eCAPITAL Website is
governed by and shall be construed in accordance with
German law. These terms and conditions may not be modified
unless eCAPITAL agrees in writing.
Portfolio database terms and conditions
15. Use of the searchable database of eCAPITAL's investment
portfolio (the "Database") on www.ecapital.de
is subject to the following terms and conditions, in
addition to the general terms and conditions of use
of the eCAPITAL Website. By using the searchable Database
you acknowledge that you have read, understood and agreed
to be bound by all of these terms and conditions.
No representations or warranties
16. The Database is not a complete listing of companies
in which eCAPITAL is invested. The Database is provided
for general information purposes only and should not
be used as a basis for making business or investment
decisions. eCAPITAL makes no representation and gives
no warranties (express, implied or statutory) as to
the accuracy, completeness or currency, or as to the
fitness for any purpose, of any information provided
in the Database and it should not be relied upon as
such. The descriptions of the businesses of companies
included in the Database have been provided by such
companies. Although eCAPITAL has used reasonable efforts
to check the content of the Database, eCAPITAL cannot
guarantee the accuracy or completeness of such content,
which eCAPITAL has included in the Database in good
faith. eCAPITAL accepts no responsibility to update
any information on the eCAPITAL Websites or in the Database.
No invitation or inducement to engage in investment
activity and no financial advice
17. In providing information about eCAPITAL's investment
portfolio:
1. eCAPITAL is not communicating and does not intend
to communicate any invitation or inducement to any person
to make any investment or divestment or to engage in
investment activity and is not offering to acquire of
dispose of securities;
2. eCAPITAL is not issuing, promulgating or providing
any financial or other advice to any person; and
3. eCAPITAL does not intend to make and is not making
an offer or solicitation in relation to the shares of
eCAPITAL entrepreneurial Partners AG or any company included
on the Database.
Intellectual property and copyright in the
Database
18. The Database is the intellectual property of eCAPITAL
entrepreneurial Partners AG and/or eCAPITAL's third-party service
providers. None of the content or data on the Database
may be reproduced, transferred, or modified without
eCAPITAL's written consent. eCAPITAL may change the
information on the Database at any time without notice
and may, in its sole discretion at any time, remove
all or any part of the Database from the eCAPITAL website.
19. Information contained in the Database is the copyright
of eCAPITAL and may not be copied, distributed, uploaded,
posted, republished, decompiled, disassembled, reverse-engineered
or transmitted in any way without the prior, written
consent of eCAPITAL.
Hypertext links in the Database
20. The Database contains hypertext links to websites
owned or operated by companies in the investment portfolio.
Such links are provided for information only. eCAPITAL
is not responsible for the availability or security
of these external websites or their contents and accepts
no liability for, and gives no endorsement of, material
on or other services provided through such websites.
Any use of such material or services is at your own
risk.
No broker-dealer registrations
21. The information in the Database is provided free
of charge and for information only. eCAPITAL is not
acting, nor is it seeking to act, as a broker or dealer
in respect of the securities of the companies listed
in the Database or the information concerning such companies,
nor will eCAPITAL receive any compensation for the provision
of such information.
Last updated on February 2006
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