Terms Of Use

  1. § 1 Scope

    The following conditions apply to the use of the Forum Orkenspalter.de (hereinafter referred to as "Provider").

    The use of the forum is only permitted if you as a user accept these terms of use.
  2. § 2 Registration, contract and object

    1. 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 which you can confirm your registration by click. With the activation of your account by the provider of the gratuitous forum user agreement is concluded (conclusion of contract).

    2. The subject of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, you will be provided with an "account" as a user, with which you can post posts and topics in the forum.

    3. There is basically no legal entitlement to activation or participation in the forum. It applies the unrestricted house right of the operator.

    4. Your forum account may only be used by you. Likewise, as the owner of the account, you are responsible for the protection against its misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and internet addresses as username (nickname) is not allowed.

    5. The provider will endeavor to offer the service as interruption-free as possible. Even with all care, downtime can not be excluded in which the web server due to technical or other problems that are not within the sphere of influence of the provider (fault of third parties, force majeure, attacks on the infrastructure by hackers, etc.) is not available via the Internet. The user acknowledges that a 100% availability of the website is not technically feasible.

    6. 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 impair the fulfillment of the purpose of the contract concluded with the user. The provider will inform users accordingly about the changes.

    7. The purpose of the forum is a "market of opinions" addressed to the public. It should therefore be maintained among the users a peaceful and respectful interaction without offensive hostility.
  3. § 3 Duties as a user

    1. As a user, you agree that you will not publish any posts that violate these rules, morality or otherwise violate applicable German law. In particular, you are prohibited from
    • posting offensive or untrue content;
    • to publish open differences or hostility;
    • It is forbidden to post about earthly politics, religion, racism, sexism or legal discussions;
    • to trade or barter via the platform;
    • to openly discuss or denounce moderation decisions;
    • sending spam to other users through the system;
    • from using protected content without authorization, in particular by copyright and trademark law;
    • engaging in anti-competitive activities;
    • from repeatedly posting your topic in the forum (prohibition of double/multiple posting);
    • publishing third-party press articles in the forum without the author’s consent;
    • advertising 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 your own homepage with or without 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.
    • posting AI-generated image, video or audio material.

    2. As a user, you agree to review, before publishing your posts and topics, whether they contain information you do not want to post. Your posts and topics can be captured in search engines and thus become accessible worldwide. A claim for deletion or correction of such search engine entries to the provider is excluded.

    3. In case of infringement, in particular against the aforementioned rules § 3 (1) and (2) or the rules of conduct, the provider may impose the following sanctions on the user, regardless of termination:

    • Deletion or modification of content that the user has discontinued
    • Saying a warning or
    • Blocking access to the forum.

    4. The provider is also entitled to block access to the online platform as a user if there is reasonable suspicion that you have violated these terms of use. You can avert these measures if you eliminate the suspicion by presenting suitable evidence at your own expense.

    5. Should third parties or other users claim the provider for possible legal violations that a) result from the content you have created as a user and / or b) result from the use of the provider's services by you as a user, you undertake to be a user, indemnify the provider from any claims, including claims for damages, and compensate the provider for the costs incurred as a result of the possible infringement. The provider is released in particular from the costs of the necessary legal defense. The provider is entitled to demand a reasonable advance from you as the user. As a user you are obliged to support the provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages from the vendor are not affected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not exist.

  4. § 4 Transfer of rights of use

    1. The copyright for your topics and contributions (text, images, files) insofar as they are copyrightable, remains with you as a user. However, by creating a topic or post, you grant the provider the right to keep the topic or post permanently on its web pages. In addition, the provider has the right to delete, edit, move or close your topics and posts.

    2. The aforementioned rights of use also exist in the event of termination of the forum account.
  5. § 5 Limitation of liability

    1. The provider of the forum assumes no responsibility for the content posted in the forum, especially not for their correctness, completeness and timeliness.

    2. The provider is liable for intent and gross negligence as well as breach of a material contractual obligation. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner may regularly rely. The provider is liable under limitation to compensation for foreseeable contract-typical damage at the time of conclusion of the contract for such damages, which are based on a slightly negligent violation of essential contractual obligations by him or one of his legal representatives or vicarious agents. In case of slightly negligent breach of secondary duties, which are not essential contractual obligations, the provider is not liable. Liability for damages that fall within the scope of a warranty or assurance provided by the provider, as well as liability for claims under the Product Liability Act and damages resulting from injury to life, body or health remains unaffected.
  6. § 6 Term / Termination of the contract

    1. This agreement is concluded for an indefinite period.

    2. Both parties may terminate this Agreement without notice.

    3. The provider is entitled after termination of this forum user agreement to block the access of the user. The provider is entitled but not obliged to delete the content created by you as a user in the event of termination. A claim by you as a user to transfer the created content is excluded.
  7. Agreement to Terms of Use and Privacy Policy

    By using the forum, you agree to the Terms of Use and Privacy Policy. When using the forum, the Code of Conduct of the forum must be observed. You confirm that you are at least 16 years old (according to Art. 8 EU-GDPR).

    Sources: Forenregeln Muster from Juraforum.de (translated)

(Last update: January 29, 2024 at 11:25 PM)


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