QUAB Chemicals Inc., 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 it makes available for use. Although all content is examined meticulously and updated continuously, there can be no guarantee of its completeness, accuracy and topicality. QUAB Chemicals Inc. 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. QUAB Chemicals Inc. makes “third party content” available for use by means of links marked with a pop-up (EXTERNAL LINK).
By providing such links, QUAB Chemicals Inc. enables access to use off such content (Section 9, Teleservices Act). QUAB Chemicals Inc. 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, QUAB Chemicals Inc. shall not be responsible for automatic, intermediate storage for a limited period. Accordingly, responsibility for such third-party information does not devolve on QUAB Chemicals Inc.
“Links”, however, are always references to “living” (dynamic) Internet sites of third parties. When the link was first set up, QUAB Chemicals Inc. examined the external content to establish whether it might possible trigger civil or criminal law proceedings. However, it 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 it establishes, or is informed by others, that a specific product or service to which it has provided a link triggers liability under civil or criminal law will it 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 QUAB Chemicals Inc. homepage has been prohibited, the illegal or punishable material can be accessed from other servers.
