Terms of use
The German version of this page is legally binding.
§ 1 Scope
The following terms of use apply to the use of this website in the relationship between the user and the operator of the site (hereinafter: provider). Use of the forum, the community functions and registration for the business area is only permitted if the user accepts these terms of use.
§ 2 Registration, participation, membership of the community
(1) Prior registration is a prerequisite for using the forum and the community. Upon successful registration, the user becomes a member of the community.
(2) There is no entitlement to membership.
(3) The user may not allow third parties to use his or her access. The user is obliged to keep his or her access data secret and to protect them against access by third parties.
§ 3 Services of the provider
(1) The provider permits the user to publish contributions on its website within the framework of these terms of use. For this purpose, the provider makes a discussion forum with community functions available to users free of charge within the limits of its technical and economic capabilities. The provider endeavours to keep its service available. The provider assumes no further performance obligations. In particular, the user has no claim to constant availability of the service.
(2) The provider gives no warranty for the accuracy, completeness, reliability, timeliness and usability of the content provided.
§ 4 Exclusion of liability
(1) Claims for damages by the user are excluded unless otherwise provided below. The above exclusion of liability also applies in favour of the provider’s legal representatives and vicarious agents if the user asserts claims against them.
(2) Excluded from the exclusion of liability set out in paragraph 1 are claims for damages arising from injury to life, body or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
§ 5 Obligations of the user
(1) The user undertakes vis-à-vis the provider not to publish any contributions that violate public morals or applicable law. In particular, the user undertakes not to publish any contributions
the publication of which constitutes a criminal offence or an administrative offence,
that infringe copyright, trade mark law or competition law,
that violate the Legal Services Act (Rechtsdienstleistungsgesetz),
that have offensive, racist, discriminatory or pornographic content,
that contain advertising.
(2) In the event of a breach of the obligation under paragraph 1, the provider is entitled to amend or delete the contributions concerned and to block the user’s access. The user is obliged to compensate the provider for the damage caused by the breach of duty.
(3) The provider has the right to delete contributions and content if they could contain an infringement of the law.
(4) The provider is entitled to be indemnified by the user against claims of third parties asserted on account of the infringement of a right by the user. The user undertakes to support the provider in defending against such claims. The user is also obliged to bear the costs of an appropriate legal defence of the provider.
§ 6 Transfer of rights of use
(1) The copyright in the contributions posted remains with the respective user. However, by posting a contribution in the forum, the user grants the provider the right to keep the contribution permanently available for retrieval on its website and to make it publicly accessible. The provider has the right to move contributions within its website and to combine them with other content.
(2) The user has no claim against the provider to the deletion or correction of contributions created by him or her.
§ 7 Termination of membership
(1) The user may terminate his or her membership by means of a corresponding declaration to the provider without observing a notice period. Upon request, the provider will then block the user’s access.
(2) The provider is entitled to terminate a user’s membership by giving 2 weeks’ notice to the end of the month.
(3) If there is good cause, the provider is entitled to block the user’s access immediately and to terminate the membership without notice.
(4) After termination of the membership, the provider is entitled to block the user’s access. In the event of termination of the membership, the provider is entitled but not obliged to delete the content created by the user. Any claim by the user to the handover of the content created is excluded.
§ 8 Modification or discontinuation of the service
(1) The provider is entitled to make changes to its service.
(2) The provider is entitled to discontinue its service subject to a notice period of 2 weeks. In the event of discontinuation of its service, the provider is entitled but not obliged to delete the content created by the users.
§ 9 Choice of law
The contractual relationships between the provider and the user are governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the user has his or her habitual residence.
With kind support & source: Terms of use for internet forums
