Terms of use (English)

[BS-W]

Terms of use

In the case of discrepancies between the versions, the German version shall govern.

 
§ 1 Scope of application

The following terms and conditions apply to the use of the "Funds Community" forum (hereinafter referred to as the "Forum") of concilio et labore GmbH, Amselweg 4, 54306 Kordel, Germany (hereinafter referred to as the "Provider").

Use of the forum is only permitted if you as a user accept these terms of use.

 
§ 2 Registration, conclusion of contract and subject matter

1. The prerequisite for using the forum is 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, which you can use to confirm your registration. Once your account has been activated by the provider, the free forum usage contract comes into effect (conclusion of contract).

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

3. There is no legal entitlement to activation or participation in the forum. The unrestricted domiciliary rights of the provider apply.

4. Your forum account may only be used by yourself. As the owner of the account, you are also responsible for protecting it from misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses as user names (nicknames) is not permitted.

5. The provider shall endeavor to offer the service for retrieval with as few interruptions as possible. Even with all due care, downtimes cannot be ruled out in which the web servers cannot be accessed via the Internet due to technical or other problems that are beyond the control of the provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that 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 the users accordingly about the changes.

7. The purpose of the forum is a "market of opinions" aimed at the public. Therefore, peaceful and respectful interaction without offensive hostility should be maintained among users.
 

§ 3 Obligations as a forum user

1. As a user you undertake that you will not publish any contributions that violate these rules, morality or otherwise violate applicable German law. In particular, you are prohibited from

• publish offensive or untrue content;
  
• send spam to other users via the system;
  
• use content protected by law, in particular by copyright and trademark law, without authorization;
  
• carry out anti-competitive activities;
  
• post your topic more than once in the forum (prohibition of double posting);
  
• publish third-party press articles in the forum without the consent of the author;
  
• to advertise in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, linking to your own homepage with or without post text in the signature or within posts. Homepage URLs and address or contact data may only be published in the user profile of the forum.
  

2. As a user, you undertake to check your posts and topics before publishing them to see whether they contain information that you do not wish to publish. Your contributions and topics may be recorded in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.

3. In the event of a breach, in particular of the aforementioned rules § 3 para. 1 and 2, the provider may also impose the following sanctions on the user, irrespective of termination:

• deletion or modification of content posted by the user,
  
• issuing a warning or
  
• temporary or permanent blocking of access to the forum.
  

4. Should third parties or other users assert claims against the provider due to possible legal violations that a) result from the content posted by you as a user and/or b) result from the use of the provider's services by you as a user, you as a user undertake to indemnify the provider against any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible legal violation. In particular, the provider shall be indemnified against the costs of any necessary legal defense. The provider is entitled to demand a reasonable advance payment 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 of the provider remain unaffected. If you as the user are not responsible for the possible infringement, the aforementioned obligations do not apply.

 
§ 4 Transfer of rights of use

1. The copyright for your topics and contributions, insofar as they are copyrightable, remains with you as the user. However, by posting a topic or contribution, you grant the provider the right to keep the topic or contribution permanently available on its websites. In addition, the provider has the right to delete, edit, move or close your topics and posts.

2. The aforementioned rights of use shall remain in force even if the account is terminated.

 
§ 5 Limitation of liability

1. The provider of the forum assumes no liability for the content posted in the forum, in particular not for its correctness, completeness and topicality.

2. The provider shall be liable for intent and gross negligence as well as for breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The provider shall be liable, limited to compensation for damages foreseeable at the time of conclusion of the contract and typical for this type of contract, for damages resulting from a slightly negligent breach of material contractual obligations by the provider or one of its legal representatives or vicarious agents. The provider is not liable for slightly negligent breaches of secondary obligations that are not essential contractual obligations. Liability for damages that fall within the scope of protection of a guarantee or assurance given by the provider as well as liability for claims based on the Product Liability Act and damages resulting from injury to life, limb or health shall remain unaffected by this.

 
§ 6 Term / Termination of the Agreement

1. This agreement is concluded for an indefinite period.

2. Either party may terminate this agreement without notice.

3. If the user deletes his account or has it deleted (termination of the contract), his public statements, in particular posts in the forum, remain visible to all readers, but the account can no longer be accessed and is marked accordingly in the forum. All other data will be deleted.

 
Source: Sample forum rules (https://www.juraforum.de/muster-nutzungs...gen-forum/) from Juraforum.de (https://www.juraforum.de/)