§ 1 Scope of application
§ 2 Registration, Conclusion and Object of the Contract
- To use the forum, you must register using the corresponding online form. After registering via the online form in the forum, you will receive a confirmation e-mail to verify your data, which you can use to confirm your registration (so-called double opt-in procedure). With the activation of your account, the free forum usage contract comes into effect (conclusion of contract).
- The subject of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, an "account" is provided to you as a user, with which you can post contributions and topics in the forum.
- There is no legal claim to activation or participation in the forum. The unrestricted house right of the operator applies..
- Your forum account may only be used by yourself. As the owner of the account, you are also responsible for protecting it from misuse. Your access data must, therefore, be protected against access by third parties. The use of trademarked words and internet addresses as user names (nicknames) is not permitted.
- The provider will make every effort to offer the service without interruption. Even with all due care, downtimes cannot be ruled out in which the web servers cannot be accessed via the Internet due to technical or other problems that are beyond the provider's control (the fault of third parties, force majeure, attacks against the infrastructure by hackers etc.). The user acknowledges that a 100% availability of the website is technically not feasible.
- The provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces if this does not or only insignificantly affect the fulfilment of the purpose of the contract concluded with the user. The provider will inform the user accordingly about the changes.
- The purpose of the forum is a "market of opinions" directed at the public. Therefore, a peaceful and respectful interaction between the users without offensive hostility should be cultivated.
§ 3 Duties as a Forum User
- As a user, you undertake that you will not publish any contributions that violate these rules, common decency or otherwise violate applicable German law. In particular, you are prohibited from,
- publishing offensive or untrue contents;
- messaging spam to other users via the system;
- using content protected by law, in particular by copyright and trademark law, without authorisation;
- engaging in anti-competitive activities;
- posting your topic into forum multiple times (ban on double postings);
- publishing press articles of third parties in the forum without the consent of the author;
- advertising in the forum without the explicit written permission of the provider. This also applies to so-called surreptitious advertising, such as in particular the linking of your homepage with or without contribution text in the signature or within contributions. Homepage URLs and address or contact data may only be published in the user profile of the forum.
- As a user, you undertake to check your contributions and topics before publishing them to see whether they contain information that you do not wish to publish. Your contributions and topics can be entered in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.
- In the event of a violation, in particular of the aforementioned rules § 3 (1) and (2), the provider may also impose the following sanctions on the user, irrespective of any termination.
- Deletion or modification of content that the user has posted;
- issuing a warning notice or
- blocking access to the forum.
- Should third parties or other users assert claims against the provider due to possible violations of the law, which a) result from the contents posted by you as a user and/or b) result from the use of the provider's services by you as a user, you as a user undertake to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible violation of the law. In particular, the provider is released from the costs of the necessary legal defence. The provider is entitled to demand an appropriate advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in the legal defence against third parties. All further rights and claims for damages of the provider remain unaffected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not exist.
§ 4 Transfer of rights of use
- The copyright for your topics and contributions, as far as they are copyrightable, remains basically with you as a user. However, you grant the provider the right to keep the topic or contribution permanently on his web pages when you post a topic or contribution. Furthermore, the provider has the right to delete, edit, move or close your topics and contributions.
- The aforementioned rights of use remain in force even if the forum account is terminated.
§ 5 Limitation of Liability
- The forum's provider assumes no responsibility for the content posted in the forum, especially not for its accuracy, completeness and timeliness.
- The provider is liable for intent and gross negligence as well as for the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. The provider shall be liable, limited to compensation for the typical contractual damage foreseeable at the time of conclusion of the contract, for such damage which is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider shall not be liable for slightly negligent breaches of secondary obligations which are not essential contractual obligations. The liability for damages which fall within the scope of protection of a guarantee or assurance given by the provider, as well as the liability for claims based on the Product Liability Act and damages resulting from injury to life, body or health, shall remain unaffected.
§ 6 Duration / Termination of the Contract
- This agreement is agreed upon for indefinite time.
- Either party may terminate this Agreement without notice.
- If the user deletes his account or has it deleted (termination of the contract), his public statements, in particular contributions in the forum, remain visible to all readers, but the account is no longer accessible and marked "guest" in the forum. All other data will be deleted. If the user wishes his public contributions to be deleted as well, he may inform the provider of this request of deletion.