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NIGU Chemie GmbH, as content provider according to Section 8, Subsection 1, German Federal Act on the Utilization of Teleservices (Teleservices Act), is legally responsible for the "own content" that she makes available for use. Although all content is examined meticulously and updated continuously, there can be no guarantee of its completeness, accuracy and topicality. NIGU Chemie GmbH is therefore not liable for damage or loss arising in connection with the use of such content. Own content is to be distinguished from LINKS to the content made available by other providers. NIGU Chemie GmbH makes "third-party content" available for use by means of links marked as such [EXTERNAL]. By providing such links, NIGU Chemie GmbH enables access to use of such content (Section 9, Teleservices Act). NIGU Chemie GmbH shall not be responsible for such "third-party" contents since it has neither initiated the transmission, selected the addressees of the transmitted information, nor selected or modified the transmitted information. Due to the selected invocation and linking method involved, NIGU Chemie GmbH shall not be responsible for automatic, intermediate storage for a limited period. Accordingly, responsibility for such third-party information does not devolve on NIGU Chemie GmbH. "Links", however, are always references to "living" (dynamic) Internet sites of third parties. When the link was first set up NIGU Chemie GmbH examined the external content to establish whether it might possibly trigger civil or criminal law proceedings. However, she is not obliged to constantly check the content to which they refer in their own websites for changes which could provide new grounds for liability. Only when they establish, or are informed by others, that a specific product or service to which she has provided a link triggers liability under civil or criminal law will she remove the reference to this product or service, provided that this is technically possible and reasonable. The technical feasibility and reasonableness are not influenced by the fact that even after access from the NIGU Chemie GmbH homepage has been prohibited, the illegal or punishable material can be accessed from other servers. |
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