Support Community
Terms and Conditions

The following Terms and Conditions of Use (the ‘Terms of Use’) apply to the Festo Support Community Website http://www.festo.com/supportcommunity (the ‘Support Community’) and all associated sites linked to the Support Community by Festo AG & Co. KG (‘Festo’) and its subsidiaries and affiliates including Festo websites around the world. The Support Community is the property of Festo and its licensors.

By using the Support Community you agree to these Terms of Use. If you do not agree you must not use the Support Community.

 

1. PURPOSE OF THE SUPPORT COMMUNITY
The Support Community provides a channel for businesses and individuals to ask technical questions about Festo products and their applications. Questions posted by users on the Support Community may be answered by employees of Festo and also by registered users of the Support Community who are not employed by Festo.

 

2. CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively ‘Content’) including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content contained on the Support Community is owned, controlled, or licensed by or to Festo and is protected by copyright, patent, design, and trademark laws, and other intellectual property rights.

Except as expressly provided in these Terms of Use no part of the Support Community and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise without Festo’s express prior written consent.

You may use information on Festo products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Festo for downloading from the Support Community provided that you:

do not remove any proprietary notice language from any copies of such documents;
use such information only for your personal non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
make no modifications to any such information; and
do not make any additional representations or warranties relating to such documents.

 
3. ACCESS, ACCOUNTS, PASSWORDS & SECURITY
Use is restricted to persons who are over the age of [eighteen] and possess full legal capacity. If you do not fall within this category, we would ask you to refrain from registering.

Anyone may view the Support Community but certain features or services offered on or through the Support Community may require you to open an account (including setting up a username and password, which are linked to your own e-mail address). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. Festo cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

When you register to obtain full access to the Support Community, you are obliged to provide correct, truthful and complete information with regard to any items of information which are specified as being non-voluntary. It is not permitted to enter fictitious names or any names other than your own.

You are forbidden from using anyone else’s username, password or account at any time unless you have the express permission and consent of the holder of that username, password or account.

Festo cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Insofar you have to indemnify Festo from all claims, damages or loss if you are responsible for.

If you become aware of any unauthorised use of your account or password, or any other breach of security, you agree to notify Festo immediately. You may be held liable for losses incurred by Festo or any other user of or visitor to the Support Community due to someone else using your username, password or account as a result of your failing to keep your information secure and confidential.

You may cancel your registration by writing an e-mail with your concern to the following contact:

4. YOUR USE OF THE SUPPORT COMMUNITY
The purpose of the Support Community is solely for users to ask questions about Festo products and their application. Festo reserves the right to remove any posts, answers, chains and topics which are not directly related to the use of the Festo products and their application.

In areas of the Support Community where users transmit or post communications, you are prohibited from:

  • uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents
  • uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
  • advertising or offering to sell or buy any goods or services
  • falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • restricting or inhibiting any other user from transmitting or posting communications
  • harvesting or otherwise collecting information about others, including e-mail addresses


By transmitting communications, you warrant that:

  • you have full authority to transmit such communications;
  • you are the sole owner of the communication and/or such communications constitute material in the public domain; and
  • neither the communications nor any part(s) of the communications will:
    a. infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy;
    b. contain any scandalous, libellous or unlawful matter; or
    c. contain any formula, process, instruction or other material that is injurious to a person or property.


You may not use any robot, automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Support Community or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Support Community or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Support Community. Festo reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Support Community or any other systems or networks connected to the Support Community or to any Festo server, or to any of the services offered on or through the Support Community by hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Support Community or any network connected to the Support Community, nor breach the security or authentication measures on the Support Community or any network connected to the Support Community. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Support Community or any other customer of Festo, including any Festo account not owned by you, to its source, or exploit the Support Community or any service or information made available or offered by or through the Support Community in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information as provided for by the Support Community.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Support Community or Festo’s systems or networks or any systems or networks connected to the Support Community or to Festo.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Support Community, or any transaction being conducted on the Support Community, or with any other person’s use of the Support Community.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Festo on or through the Support Community or any service offered on or through the Support Community. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Support Community or any Content for any purpose that is prohibited by these Terms of Use or is otherwise unlawful, nor to solicit the performance of any illegal activity or other activity which infringes the rights of Festo or others.

Any feedback which you provide on the Support Community shall be deemed non-confidential and free of restrictions and third party interests. Festo shall therefore be free to use such information on an unrestricted basis.

 

5. PRIVACY
Festo’s Privacy Policy applies to the use of this Support Community and the data provided, and its terms are included in these Terms of Use by reference.

 

Festo Data Privacy Statement

Safeguarding your personal data is a serious matter for the Festo Group. We want you to feel safe and secure when you visit our websites. The protection of your privacy is an important objective for us when processing your personal data.

Acquisition and Processing of Personal Data

Our web servers stores the IP address allocated by the Internet provider, the URL from which you have accessed our website, the websites visited by yourself and the date and time of your visit on a routine basis. In some cases, Festo utilises so-called cookies in order to be able to place more individualised services at your disposal. Personal data are only stored if they are entered by yourself, for example when you fill in a registration form or a survey, participate in a raffle or enter into a contract.

 

Use and Forwarding of Personal Data and Earmarking for Specific Purposes

Your personal data are acquired, processed and utilised in accordance with applicable data privacy regulations, strictly for the purpose of contract execution and for the protection of our own legitimate business interests with regard to customer support and consultation, and for product development in accordance with actual market requirements.

 

Right to Obtain Information and Public Procedures Index

Upon request, and in accordance with applicable law, we will provide you with written notification indicating whether or not and which of your personal data we maintain. The types of entries maintained are summarised in our public procedures index in accordance with applicable data privacy regulations.

 

Security

Festo Group makes use of technical and organisational security measures in order to safeguard personal data administered by ourselves against inadvertent or premeditated manipulation, loss, destruction or access by unauthorised persons. Our security measures are continuously enhanced in keeping with new technological developments.

 

If you have questions regarding the processing of your personal data, please contact our data privacy administrator directly. He is also prepared to assist you with requests for information, suggestions and complaints.   

Data privacy manager
Steve Damadeo
IT Operations Manager
Hauppauge, NY 11788

 

+1 (631) 404-3326

6. LINKS TO OTHER WEBSITES
This Support Community may contain links to other independent third-party websites (‘Linked Sites’); these are provided solely as a convenience to you.

Festo does not control and is not responsible for any Linked Sites or their content and Festo therefore does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained by using them.

You must make your own independent judgment regarding your interaction with Linked Sites and if you decide to access Linked Sites you do so entirely at your own risk.

Linked sites are not subject to these Terms of Use.

 

7. THIRD PARTY PROVIDERS
Certain third party products and services made available for purchase on the Support Community are provided and sold to you by third parties, as indicated in the product pages of such third party products ("Third-Party Add-On Products").

Third party providers include, without limitation, third parties which make available Third-Party Add-On Products. Information about such products and services is provided by the respective third party providers, who are solely responsible for such information and content, as well as for their respective products and services, including without limitation Third-Party Add-On Products. Festo believes that the respective third party providers offer the types of products described and the support services indicated, but Festo is not responsible for any errors or omissions in the descriptions. Links to third party provider websites provided on the Site are subject to the terms regarding "Links To Other Web Sites" provided above.

Festo is merely providing a service to you by facilitating the sale of these Add-Ons through the Support Community. When you purchase a Third-Party Add-On Product through the Support Community, you are purchasing the product from the third party provider directly and independently of Festo, subject to such third party’s terms and conditions of sale, and Festo is merely facilitating the sale. Festo’s Terms and Conditions of Sale do not apply to your purchase of such Third-Party Add-On Products.

Festo disclaims any and all liabilities for and makes no warranties, either express or implied, with respect to third-party products (including without limitation the third-party add-on products made available through the Support Community) or services provided by third-party providers, including, without limitation, any and all implied warranties of merchantability, fitness for a particular purpose, or non infringement of intellectual property.

Liability of Festo is in any case limited to damage caused by intent or gross negligence. This shall not apply in cases of compulsory statutory stipulations as e.g. provided under the product liability law, or culpable violation of life, body or health.

 

8. PURCHASES & OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Support Community, including contests, promotions or other similar features, all of which terms are included in these Terms of Use by reference. You hereby agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for, or applicable to, a specific portion of the Support Community or for any service offered on or through the Support Community, the latter terms shall have effect with respect to your use of that portion of the Support Community or the specific service.

Festo’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Support Community should be construed to alter such agreements.

Festo may make changes to any products or services offered on the Support Community, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Support Community with respect to products and services may be out of date, and Festo makes no commitment to update the materials on the Support Community with respect to such products and services.

Any and all of Festo’s other Terms and Conditions may also govern and apply to your use of the Support Community, and they are incorporated herein by this reference. Any such relevant policies may be changed from time to time and are effective immediately upon posting such changes on the Support Community.

 

9. DISCLAIMERS
Festo does not warrant that the Support Community or any content, service or feature of the Support Community will be error-free or uninterrupted, or that any defects will be corrected or that any defects will be corrected, or that your use of the Support Community will provide specific results. The Support Community and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Support Community is subject to change without notice. Festo cannot ensure that any files or other data you download from the Support Community will be free of viruses or contamination or destructive features.

Festo disclaims insofar all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

Festo disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Support Community and/or any Festo services. You assume total responsibility for your use of the Support Community and any linked sites. Your sole remedy against Festo for dissatisfaction with the Support Community or any content is to stop using the Support Community or any such content.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Liability of Festo is in any case limited to damage caused by intent or gross negligence. This shall not apply in cases of compulsory statutory stipulations as e.g. provided under the product liability law, or culpable violation of life, body or health.

Insofar you shall indemnify Festo against any and all liability, loss or damages of any third party of whatsoever reason and regardless of their legal basis as far as you are responsible for.

Festo reserves the right to do any of the following, at any time, without notice:

to modify, suspend or terminate operation of or access to the Support Community, or any portion of the Support Community, for any reason;
to modify or change the Support Community, or any portion of the Support Community, and any applicable policies or terms; and
to interrupt the operation of the Support Community, or any portion of the Support Community, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Festo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time but only in an reasonable way. Your continued use of the Support Community following the posting of changes will mean that you accept and agree to the changes.

 

10. LICENCE
As long as you comply with these Terms of Use, Festo grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Support Community.

 

11. LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Festo be liable to you for any indirect, consequential, economic, exemplary, incidental or punitive damages, including lost profits, even if Festo has been advised of the possibility of such damages.

Liability of Festo is in any case limited to damage caused by intent or gross negligence. This shall not apply in cases of compulsory statutory stipulations as e.g. provided under the product liability law, or culpable violation of life, body or health.

 

12. INDEMNITY
You agree to indemnify and hold Festo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, fully indemnified against any demands, loss, liability, claims or expenses (including legal fees), made against Festo by any third party due to or arising out of or in connection with your use of the Support Community and if you are responsible for.

 

13. VIOLATION OF THESE TERMS OF USE
Festo may disclose any information we hold about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Support Community, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Festo’s rights or property, or the rights or property of visitors to or users of the Support Community, including Festo’s customers. Festo reserves the right at all times to disclose any information that Festo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Festo also may disclose your information when Festo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that Festo may preserve any transmittal or communication by you with Festo through the Support Community or any service offered on or through the Support Community, and may also disclose such data if required to do so by law or Festo determines that such preservation or disclosure is reasonably necessary to:

  • comply with legal process;
  • enforce these Terms of Use;
  • respond to claims that any such data violates the rights of others; or
  • protect the rights, property or personal safety of Festo, its employees, users of or visitors to the Support Community, and the public.

 
You agree that Festo may, in its sole discretion and without prior notice, terminate your access to the Support Community and/or block your future access to the Support Community if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Support Community. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and may cause irreparable harm to Festo, for which monetary damages would be inadequate, and you consent to Festo obtaining any injunctive or equitable relief that Festo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Festo may have at law or in equity.

If Festo does take any legal action against you as a result of your violation of these Terms of Use, Festo will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Festo. You agree that Festo will not be liable to you or to any third party for termination of your access to the Support Community.

 

14. GOVERNING LAW & JURISDICTION
You hereby agree that all matters relating to your access to or use of the Support Community, including all disputes, will solely be governed by and construed in accordance with Substantive German Law to the exclusion especially of the CISG and the parties hereby submit to the exclusive jurisdiction of the German Courts as regards any claim or matter arising hereunder.

 

15. GENERAL
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Support Community, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Festo with regard to your use of the Support Community, and any and all other written or oral agreements or understandings previously existing between you and Festo with respect to such use are hereby superseded and cancelled.

Festo provides access to Festo international data and, therefore, may contain references or cross references to Festo products, programs and services that are not announced in your country. Such reference does not imply that Festo in your country intends to announce such products, programs or services.

For further question concerning the Support Community please contact us as following: