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Terms of Use
Scope of Application
The following Terms of Use apply to the use of this website/app in the relationship between the user and the operator of the site (hereinafter referred to as: provider). The use of the content and community functions is only permitted if the user accepts these Terms of Use.
§ 2
Registration, Participation, Membership in the Community
(1) A prior registration is required for the use of the website (app) 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 their account. The user is obliged to keep their access data secret and protect it from access by third parties.
§ 3
Services of the Provider
(1) The provider allows the user to publish contributions on its website/app within the framework of these Terms of Use. For this purpose, the provider provides users with a website (or app) with community functions free of charge within the scope of its technical and economic capabilities. The provider endeavors 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 assumes no liability for the correctness, completeness, reliability, timeliness, and usefulness of the provided content.
§ 4
Disclaimer
(1) Claims for damages by the user are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider 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 essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. Also excluded from the exclusion of liability is liability for damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
§ 5
User Obligations
(1) The user undertakes towards the provider not to publish contributions that violate common decency or applicable law. In particular, the user undertakes not to publish contributions that
- constitute a criminal offense or administrative offense,
- violate copyright, trademark law, or competition law,
- violate the Legal Services Act,
- contain offensive, racist, discriminatory, or pornographic content,
- contain advertising.
(2) In the event of a violation of the obligation under paragraph 1, the
provider is entitled to modify or delete the relevant contributions and to
block the user’s access. The user is obliged to compensate the provider
for any damage caused by the breach of duty.
(3) The provider has the right to delete contributions and content if they may contain a legal violation.
(4) The provider is entitled to claim indemnification from the user for claims made by third parties due to a violation of their rights by the user. The user undertakes to support the provider in defending such claims. The user is also obliged to bear the costs of a reasonable legal defense by the provider.
§ 6
Transfer of Usage Rights
(1) The copyright for the posted contributions remains with the respective user. By posting their contribution on the website (or app), the user grants the provider the right to keep the contribution permanently available on its website/app and make it publicly accessible. The provider has the right to move contributions within its website/app and combine them with other content.
(2) The user has no claim against the provider for the deletion or correction of contributions they have created.
§ 7
Termination of Membership
(1) The user may terminate their membership by making a corresponding declaration to the provider without observing a notice period. Upon request, the provider will then block the user’s access.
(3) In the event of good cause, the provider is entitled to block the user’s access immediately and terminate the membership without notice.
§ 8
Modification or Discontinuation of the Offer
(1) The provider is entitled to make changes to its service.
(2) The provider is entitled to discontinue its service by giving two weeks’ notice. In the event of discontinuation, the provider is entitled but not obliged to delete the content created by users.
§ 9
Choice of Law
The contractual relationship between the provider and the user is governed by the law of the Federal Republic of Germany. Mandatory consumer protection provisions of the country in which the user has their habitual residence are excluded from this choice of law.
§ 10
Privacy Policy
By confirming these Terms of Use, you automatically agree to our Privacy Policy.
§ 11
Virtual House Rules
The injunction claim is based on §§ 858, 903, 1004 BGB by analogy in connection with the “Terms of Use of the R…A.. Website/App”. The “virtual house rules”, based on §§ 858, 903, 1004 BGB, each by analogy (cf. LG Bonn, NJW 2000, 963 ff.; see also Maume, MMR 2007, 620, 623), give its holder the right to restrict the use of their online presence to the same extent as the holder of property rights over a physical object.
Limitation of Liability for Own Content
According to § 7 para. 1 TMG, we as service providers are responsible for our own content on these pages under general law, but pursuant to §§ 8 to 10 TMG we are not obliged to monitor transmitted or stored third-party information. Any content will be removed immediately upon becoming aware of a specific legal violation. We are not liable before we become aware of such violations.