2. Conclusion of Contract and User Account
(1) By completing the online registration process and creating a profile, a user contract is concluded with the operator. The subject of the contract of use is the free use of the profile.
(2) Creating a profile requires the creation of a user account. This consists of a user name and a password (“log-in data”).
(3) The creation of a user account is only possible if the user provides a current email address. This email address is also used for communication with the operator.
(4) The user assures that the data used when creating his profile (“profile data”) is correct and complete. The use of Pseudonyms is not permitted.
(5) Contract language is German or English.
(6) In any communication between the user and other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor does he himself become a contractual partner.
3. Use of Profile
(1) When using the profile, the user can make use of various services:
• The user has the option of publishing their own content (text, images, etc.) within the portal.
• The user has the option of sending messages to other users.
• The user has the option of founding a sub-community or joining an existing sub-community
(2) The operator is entitled to block access to individual content at any time, for example if there is a suspicion that it violates applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
(3) The operator endeavors to ensure trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The operator is at liberty to restrict access to the portal in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events that are beyond his control.
4. User’s Duty to cooperate: Posting Content
(1) The user undertakes to observe applicable law (e.g. criminal, competition and youth protection law) when creating and using their own content and not to violate any third-party rights (e.g. name, trademark, copyright and data protection rights).
(2) The user undertakes to the operator that any content that is posted on the portal does not violate applicable law or common decency in terms of its content or form. The same applies to setting external links. In particular, it is not permitted to distribute content that represents, concerns or contains
• Glorification of violence and extremism of any kind
• Incitement and instigation to commit crimes and violations of the law, threats against life, limb or property
• Incitement against people or companies
• Statements that infringe personality, slander, defamation and slander by users and third parties, as well as violations of fair competition law
• Copyright infringing content or other intellectual property violations
• Sexual harassment of users and third parties
• Offensive, sexist, obscene, vulgar, hateful or disgusting materials and language
(3) Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the framework of the applicable citation law. Quotations are to be marked by highlighting using the citation function and citing the source. Quotations in foreign languages are also to be translated into German to the extent that the content is roughly visible. In particular, posts that are not quoted correctly can be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.
5. Other Obligations of the User to cooperate
(1) Without the express permission of the operator, the user may only use the portal for private purposes and may not advertise for himself or third parties. This means in particular that the user may not use any messages with advertising content without the consent of the operator and the recipient (in particular: spam messages).
(2) In the event that the user uses the opportunity to inform third parties about the existence of the portal via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation email.
(3) In the event that the Content contains hyperlinks to third-party sites, the User warrants that it has the right to use the hyperlink and that the website to which the link is made (“Landing Page”) complies with applicable law and third-party rights.
(4) The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by bypassing the log-in data.
(5) The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the portal or the technical infrastructure behind it. These include in particular:
• the use of software, scripts or databases in connection with the use of the portal;
• the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, insofar as this is not necessary for the proper use of the portal;
(6) It is also a violation of privacy and therefore not permitted to remove the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public. Users may not include any information in their posts or make it known in any other way that could reveal the identity of another user or that the user has received from other users exclusively in private messages, emails or chats.
(7) Should disruptions occur when using the portal or its functionalities, the user will inform the operator of this disruption immediately. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
6. Use Rights
(1) The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous right, transferable to third parties, to exploit the content posted in the online offer. The operator is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access. The user waives the right to name the author. This regulation does not affect the user’s ability to grant third parties rights to content posted according to certain license models.
(2) All rights to the content of the portal are owned by the operator. The user is prohibited from duplicating, distributing and/or publishing content that the operator, other users or third parties have posted on the portal.
(1) Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, the Operator shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the User may regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to the vicarious agents of the operator.
8. Right to Indemnity
The user indemnifies the operator and his employees or agents against all resulting third-party claims in the event of a claim for alleged or actual violation of rights and/or violation of third-party rights through actions taken by the user in connection with the use of the portal. In addition, the User undertakes to reimburse all costs incurred by the Operator as a result of third party claims. The reimbursable costs also include the costs of an appropriate legal defense.
9. Personal Data
(1) The user hereby agrees to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. In particular, the user also agrees to the presentation of the personal data he has entered in his profile within the portal for other users of the portal and third parties who are not users of the portal.
(2) The user also agrees to the use of his personal data for the personalization of advertisements placed in the portal (personal data is not passed on to the advertisers). The user also agrees that third-party advertisements of any kind may be placed on his profile pages.
(3) The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures that all stored data will be treated with care and will only be processed within the framework of the user’s data protection consent. Any further use of personal data by the operator will only take place if this is legally permissible or the user has consented in advance.
(4) The user also agrees that the operator may use the user’s personal data for direct marketing purposes. This includes advertising to the user by email and by post.
(1) The contract runs for an indefinite period and can be terminated by either party at any time without observing a period of notice and giving reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship through extraordinary termination for good cause remains unaffected.
(3) The Operator shall have good cause to terminate this Agreement if the Customer fails to fulfill its obligations under section 4 or 5 of this contract is permanently violated.
11. Final Provisions
(1) If the contract contains invalid provisions, the validity of the rest of the contract remains unaffected.
(2) German law is exclusively applicable to this contract.