§ 1 Scope of application
§ 2 Registration, conclusion and subject matter of the contract
- Prerequisite for the use of the forum is the registration via the corresponding online form. After registering via the online form in the forum, you will receive a confirmation email to verify your data. With this email you can confirm your registration by clicking on it. With the activation of your account by the provider, the free forum usage contract is concluded (contract conclusion).
- 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 for you as a user, with which you can post articles and topics in the forum.
- There is basically no legal claim to activation or participation in the forum. The unrestricted domiciliary right of the provider applies.
- Your forum account may only be used by yourself. As the owner of the account, you are also responsible for the protection against its misuse. Your access data must therefore be protected against access by third parties. The use of trademark-protected words and internet addresses as user names is not permitted.
- The provider will endeavour 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 (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). You acknowledge that a 100% availability of the website is technically not realizable.
- 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 users accordingly about the changes.
- The purpose of the forum is a “market of opinions” directed to the public. Therefore, a peaceful and respectful interaction between the users without insulting hostility should be maintained.
§ 3 Duties as a forum user
- As a user you commit yourself that you will not publish any contributions that violate these rules, good morals or otherwise violate applicable German law. It is especially forbidden to you,
- to publish insulting or untrue contents;
- to send spam to other users via the system;
- to use contents protected by law, in particular by copyright and trademark law, without authorization;
- to engage in anti-competitive activities;
- post your topic several times in the forum (ban on double postings);
- to publish press articles of third parties in the forum without the consent of the author;
- to advertise in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, the linking of the own 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 commit yourself to check before publishing your contributions and topics whether they contain information you do not want to publish. Your contributions and topics can be registered 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 case of violation, in particular against the aforementioned rules § 3 para. 1 and 2, the provider can also impose the following sanctions against the user, independent of a termination:
- Deletion or modification of content that the user has posted,
- Saying a warning or
- blocking access to the forum.
- If third parties or other users should make claims against the provider due to possible infringements of the law, which a) result from the you as a user and/or b) from the use of the services of the provider by you as a user arise, you as a user are obliged 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 possible infringement of rights. 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 user. As user you are obligated to provide the provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages of the provider remain unaffected. If you as a user is 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 in principle with you as a user. However, by posting a topic or contribution, you grant the provider the right to change the topic or contribution to make the contribution permanently available on its website. Furthermore, the provider has the right to change your topics and contributions to delete, edit, move or close.
- The aforementioned rights of use remain in force even if the forum account is terminated.
§ 5 Limitation of liability
- The provider of the forum assumes no liability for the content posted in the forum, especially not for their correctness, completeness and topicality.
- The provider is liable for intent and gross negligence as well as for the breach of an essential contractual obligation. Material contractual obligations are those whose fulfilment is essential for the proper execution of the contract. and on whose compliance the contractual partner may regularly rely. The provider is liable under limitation to compensation for the typical contractual damage foreseeable at the time of conclusion of the contract for such damage which is based on a slight negligent violation of essential contractual obligations by him or one of his legal representatives or vicarious agents. In the event of slightly negligent breach of secondary obligations which do not constitute essential contractual obligations the provider is not liable. The liability for damages that fall within the scope of protection of a guarantee given by the provider or assurance, as well as the liability for claims based on the product liability law and damages from the Injury to life, limb or health remains unaffected by this.
§ 6 Term / termination of the contract
- This agreement is concluded for an indefinite period.
- Both parties may terminate this agreement without notice.
- If the user deletes his account or has it deleted (termination of the contract), his public Comments, especially contributions in the forum, will still be visible to all readers, but the account will no longer be accessible and marked in the forum with “guest” or the user name of the user. All other data will be deleted. If the User wishes that also his public contributions are deleted, if he wishes to inform the provider