§ 1 Area of application
§ 2 Registration, participation, membership in the network of partners
(1) Prerequisite for the use of the provided content and applications is a prior registration. With the successful registration the user becomes a member of the network of partners.
(2) There is no entitlement for a membership.
(3) The user must not allocate his access to third parties for use. The user is obligated to keep secret his access information and to protect such against the access of third parties.
§ 3 Services by the provider
(2) The provider does not guarantee the correctness, completeness, reliability, currentness and usability of content provided by him.
§ 4 Disclaimer
(1) Claims for damages by the user are excluded unless otherwise agreed upon in the following. The aforementioned also applies in favor of the legal representatives and vicarious agents of the provider to the extent that the user asserts any claims against them.
(2) Exempt from the disclaimer determined in paragraph 1 are claims for damages due to damage to life, body or health, as well as claims for damages from the breach of essential contractual obligations. Essential contractual obligations are such whose fulfillment is required in order to reach the goal of the contract. Also exempt from the disclaimer is the liability for damage resulting from the intent or gross negligent breach of duty of the provider, his legal representatives or vicarious agents.
§ 5 Obligations of the user
(1) The user is obligated towards the provider not to publish any contributions that violate morality or applicable law. The user is especially obligated not to publish any contributions
- whose publication constitutes a statutory offense or an administrative offense,
- that violate copyright, trademark rights or competition law,
- that violate the Legal Services Act,
- that contain content that is offensive, racist, discriminatory or pornographic,
- that contain advertising.
(2) In the event of a violation of the obligations of paragraph 1 the provider is authorized to edit the respective contributions or to delete them and to block the user’s access. The user is obligated to compensate the provider for loss incurred by the provider by the breach of duty.
(3) The provider has the right to delete contributions and content if such could contain any violation of the law.
(4) The provider is entitled to be indemnified from claims of third parties that such third parties have claimed due to the violation of a right by the user. The user is obligated to support the provider in the defense of such claims. The user is also obligated to bear the costs of a suitable legal defense of the provider.
§ 6 Assignment of rights of use
(1) The copyright for uploaded contributions remains with the respective user. By uploading his contribution to already established services, however, the user grants the provider the right to keep the contribution on his website for retrieval on a permanent basis and to make it publicly available. The provider has the right to move contributions within his website and to connect them to other content.
(2) The user does not have any claim against the provider regarding the deletion or correction of contributions prepared by the user.
§ 7 Termination of membership
(1) The user may terminate his membership via a corresponding declaration towards the provider and while observing the respective contractually determined period. Upon request, the provider shall block the user’s access.
(2) The provider is authorized to terminate the membership of a user at the end of a month while observing a period of two weeks.
(3) If good cause is given, the provider is authorized to block the user’s access immediately and to terminate the membership without having to observe any period.
(4) The provider is authorized after completion of a membership to block the user’s access. The provider is authorized but not obligated to delete any content prepared by the user in the event the membership is completed. Any entitlement regarding the assignment of prepared content is excluded.
§ 8 Changes to or termination of the offer
(1) The provider is authorized to make changes to his service.
(2) The provider is authorized to terminate his service while observing an announcement period of two weeks. Should the provider terminate his service, the provider is authorized but not obligated to delete any content prepared by the user.
§ 9 Choice of law
The laws of the Federal Republic of Germany are applied to the contractual relationship between the provider and the user. Mandatory consumer protection regulations of the country where the user has his main residence are exempt from this choice of law.