§ 1 Scope
§ 2 content
The portal also offers users the opportunity to become active interactively and make their own contributions, e.g. by writing news, comments, event entries, yellow pages, forum contributions, blogs, uploading pictures, videos or podcasts (hereinafter collectively referred to as "user generated content") or by participating in competitions.
PROVIDER is free in the design of the content according to the above paragraphs and is entitled at any time to change, restrict, expand or completely discontinue the offers on the portal.
§ 3 Right of access and participation / compulsory registration
In principle, all users are entitled to access and participate.
§ 4 Copyrights / Rights to content
PROVIDERS are solely entitled to all copyrights and other industrial property rights or the rights of use of the pages of the portal, including layout, software and user generated content.
In so far as contents are made accessible via the portal, these may only be used by the users for personal and own purposes. Any use of content for commercial purposes is prohibited. Archiving may only be used for the User's private and internal purposes, i.e. it may not be accessible to third parties, it may not be used to make copies for third parties and the use of the archive may not lead to additional exploitation of the content. All other uses (e.g. reproduction for commercial purposes including archiving, transfer to or processing by third parties for their own or third-party purposes or for public reproduction, translation, processing, etc.) require the prior written consent of the PROVIDERS.
Copyright notices and/or brand names and/or other rights reservations in the contents may neither be changed nor removed. The user is obliged to ensure that the authorship is acknowledged.
Users are expressly permitted to post their own content in the designated areas of the portal (after registration or activation of a confirmation link). A right of users to publish their contributions (generally or for a certain period of time), however, does not exist; PROVIDER therefore also has the right to delete user generated content in whole or in part at any time. User generated content does not originate from the PROVIDER and is also not published in the name of the PROVIDER. PROVIDER does not adopt their content and statements as its own and expressly distances itself from all user-generated or otherwise recognizably foreign content, i.e. content that does not originate from the PROVIDER.
§ 5 Personal data
The use, processing and utilization of personal data is carried out in accordance with the legal provisions applicable at the time and the data protection regulations of the PROVIDER.
§ 6 Obligations of the users with regard to their user-generated content
The user is legally solely responsible for the contents he/she has posted and must ensure that no illegal or immoral contents are included or that the inclusion of such contents is made possible, that such contents are stored, distributed, made accessible or that an offer with such contents is referred to or linked.
It is expressly forbidden to post racist, pornographic, inhuman, insulting, criminal and immoral contributions. It is expressly forbidden to disseminate content which incites hatred against parts of the population (sedition) or propaganda for an anti-constitutional organisation, as well as slanderous, insulting or reputation- or business-damaging or personal rights-injuring statements, junk mail, spam, chain letters and other content of an advertising nature. It is also prohibited to post contributions that violate the principles of data security (e.g. contributions containing viruses, worms, Trojans, etc.).
The user expressly indemnifies PROVIDER upon first request also from all claims of third parties and the costs of the associated prosecution, which are asserted against PROVIDER due to the contributions posted by the user and their contents.
PROVIDER reserves the right to investigate any suspicion of misuse or violations of the above provisions, to take appropriate measures, if necessary, to block the user's access or write authorization in whole or in part, temporarily or permanently, and to pass on the user data to law enforcement agencies and third parties whose rights are violated or endangered by the user's contributions, if necessary.
§ 7 rights of use
The user grants PROVIDER with the discontinuation of his contribution (text, image, audio file/podcast, video etc.) under exclusion of the user of these rights and exclusively the right to publish and/or have published and/or distributed and/or have distributed and/or have distributed the contribution free of charge and without any time and space restrictions, as well as to make it publicly accessible to third parties in any other way. The right is also granted to change the content of the contribution, to shorten, supplement or delete it in whole or in part. The granting of rights also includes the possibility to make contributions available for retrieval by third parties and to archive contributions. Likewise, the user grants PROVIDER the right to use and/or publish contributions in other media of the Media Group, in print, online, radio or TV, and through all other types of use - also in shortened or otherwise edited form - and/or to use them or have them used and/or published.
A remuneration of any kind for the granting of the rights of use and the use of the contributions and contents by PROVIDERS, especially according to § 32ff. UrhG, is excluded or compensated with the business model of user generated content.
The user assures and guarantees that he/she can dispose of the rights granted and that these rights have not already been disposed of in any other way that could impair the aforementioned rights of use of the PROVIDER. When posting pictures or videos, the user assures that all persons recognizable on them have agreed to the publication or that he/she is otherwise authorized to use and exploit them.
If the user violates the obligations incumbent upon him/her under these terms and conditions of use, he/she is also obligated to reimburse the expenses incurred by the PROVIDER, as well as to keep the PROVIDER free and indemnified upon first request from claims for damages and reimbursement of expenses by third parties caused by the violation. This also applies if the damage is caused by third parties, as far as this is attributable to the user. An obligation to pay damages does not exist, as far as the user is not at fault.
§ 9 Liability of the PROVIDER
PROVIDER shall be liable in accordance with the statutory provisions if the user asserts claims for damages based on intent or gross negligence, including intent or gross negligence of representatives or vicarious agents of the PROVIDER.
In all other respects, PROVIDER is liable in accordance with the statutory provisions, and only if an essential contractual obligation (cardinal obligation) is culpably violated. The claim for damages is then limited to the foreseeable, typically occurring damage. The liability for culpable injury to life, body or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act and to claims for damages arising from the assumption of a guarantee.
User generated content is not subject to any control by the PROVIDER. For this reason, the PROVIDER also assumes no responsibility or guarantee for the topicality, correctness, completeness, reliability, authenticity, freedom from third-party rights violations, freedom from viruses, or suitability of this content and/or other activities of users. This also applies explicitly to external links to which reference is made in the context of contributions, regardless of whether these are contributions by the PROVIDER or user-generated contributions.
For all other contents of the portal, especially editorial contents, PROVIDER does not assume any liability for correctness, completeness, reliability and topicality as well as for the usability of the contents for the user.
Claims for damages become time-barred within 12 months after the end of the year in which the claim arose and the user becomes aware of the circumstances giving rise to the claim and the identity of the person causing the damage, or should have become aware of them without gross negligence.
The PROVIDER's liability is excluded, unless otherwise provided for above.
Insofar as the liability of the PROVIDER is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of the PROVIDER.
The PROVIDER has no influence on the transport of the data via the Internet. Therefore, PROVIDER does not guarantee that all processes will reach the user correctly and that access via the Internet is guaranteed at all times. In addition, there is no liability that the data exchange takes place at a certain speed. Also excluded from warranty liability are impairments resulting from defects or interruptions in the user's technology or the connection between the user and the server or from misuse of the user name and password. Since electronic communication is never completely secure, PROVIDER excludes liability for the technical conditions resulting from the use of the Internet and for the fact that the flow of information to and from the PROVIDER is not tracked or recorded by third parties. PROVIDER also expressly points out that each user must ensure that his or her technology is adequately protected against attacks from the Web (viruses, worms, Trojan horses, etc.).
§ 10 Other regulations
Exclusive place of performance and jurisdiction is, as far as legally permissible, the registered office of the PROVIDER.
These terms and conditions as well as any other legal relationships between the user and the PROVIDER are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual parts of these conditions be or become invalid in whole or in part, the validity of the remaining parts shall remain unaffected.